The law views spousal relationships as financial partnerships. When the partnership breaks down, the person with more income or assets may have to pay support to the other. At the same time, the law expects adults to look after their own needs to the best of their abilities.
To decide on how much spousal support and the length of time that it should be paid, the law says that judges must consider a number of factors, including how much the person asking for support needs to meet his or her needs, and how much the other person can afford to pay. A person may claim support to help him or her become financially self-sufficient or to keep from ending up in serious financial difficulty.
Advisory Spousal Support Guidelines are available to help parties discuss the appropriate amount of spousal support to be paid. If the parties proceed to court, the court may consider these guidelines in determining how much spousal support should be paid, but they are not binding.
Note: Spousal Support Guidelines are different from Child Support Guidelines, which the court is required to follow.
For more information about the spousal support laws in Ontario, see the publication: Separation and Divorce: Spousal Support
Click here for more information on the Spousal Support Guidelines.
Click here for mysupportcalculator.ca, an external program that can help you calculate your monthly child and spousal support payments.
- To request a copy of a court order
- To request a copy of an existing child support order, fill out the Request Form for a Copy of an Ontario Child Support Order Form (PDF) and submit it to the court where the order was made.
- To apply to obtain child support
- If you want to apply to obtain child support, you will need
- an Application (Form 8), and
- a Financial Statement ( Form 13, Support Claims or Form 13.1, Property and Support Claims)
- To apply for a change in a child support order or agreement
- The process for motions to change has changed effective September 1st, 2008, and depends on whether the parties both agree to the change that has been requested. For more information about the documents that must be filed in order to change a final order for support or a support clause in an agreement, click here or read the Ministry’s Guides to Motions to Change.
Websites with More Forms
- Ontario Courts Forms website
- Includes all of the forms that are available under the Family Law Rules
- Child support forms on the Family Responsibility Office website
- Includes forms that are required to assist with the enforcement of a child support order
- The Family Responsibility Office (FRO) website
- Contains information regarding enforcement support in Ontario. The FRO ensures that support payments are collected, and helps individuals meet their support obligations. Also provides information on what to do when one of the parties does not live in Ontario and child support is being requested or changed
- What Should I Do If I Have Received a Notice of Default Hearing
- What Should I Do If I Want to Keep My Driver's Licence
For More Information
- Consult with a lawyer
- See Using a Lawyer
- More information on the Spousal Support Guidelines
- Contains links to various documents related to this project, as well as to related material on the law of spousal support