Spousal Support
Written in plain language for general understanding. This is educational content, not legal advice. Based on Canadian federal statutes and official sources.
What is this right?
Spousal support is not automatic — the person asking for it must first establish entitlement. There are three main bases: compensatory (you gave up career opportunities for the family), needs-based (you are at a financial disadvantage after the separation), or contractual (there is an existing agreement).
The Spousal Support Advisory Guidelines (SSAG) provide suggested ranges for amount and duration. While the SSAG are not law, courts rely on them heavily. The without-children formula is 1.5% to 2% of the gross income difference per year of marriage. Duration ranges from half to one year of support per year of marriage.
After 20 years of marriage — or when the "rule of 65" applies (age plus years of marriage equals 65) — support may be indefinite. Periodic spousal support payments are taxable income for the recipient and tax-deductible for the payer.
When does it apply?
Spousal support may apply to:
- Married spouses under the Divorce Act.
- Common-law partners under provincial legislation — most provinces require 2 to 3 years of cohabitation.
- Cases where there is a significant income gap between the partners.
What should you do?
- Determine entitlement — identify whether your claim is compensatory, needs-based, or contractual.
- Exchange full financial disclosure — income, assets, debts, and expenses.
- Calculate the SSAG range to understand what a court might order.
- Negotiate or mediate before going to court — it is faster and less expensive.
- Consider the tax implications — periodic payments are taxable to the recipient and deductible for the payer.
What should you NOT do?
- Don't assume you're not entitled just because you work — a significant income gap can still justify support.
- Don't delay claiming — waiting too long can weaken your case.
- Don't quit your job — the court can impute income based on what you are capable of earning.
- Don't ignore a support order — enforcement can include wage garnishment and even imprisonment.
- Don't assume a prenuptial agreement is final — courts can set aside agreements that are unfair or were signed under pressure.
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