1. Entitlement Isn't Assumed. It's Based on Four Key Objectives

Before a court can even begin to calculate an amount for spousal support, it must first answer a more fundamental question: is a spouse entitled to receive it at all? This is not an automatic right. Both the federal Divorce Act and Ontario’s Family Law Act lay out guiding principles to determine if entitlement exists. These principles aim to achieve a fair and equitable outcome by considering the roles each spouse played during the relationship and the economic impact of the separation.

A court will assess entitlement based on the following objectives:

• To recognize a spouse's contribution to the relationship and the economic consequences of the relationship for that spouse.
• To share the economic burden of child support equitably.
• To make fair provision to assist a spouse in becoming able to contribute to their own support.
• To relieve financial hardship, if it has not already been addressed by the division of property.

This framework shows that spousal support is not a penalty but a tool used by the courts to ensure that neither spouse is left with an unfair economic burden resulting from the roles they adopted during the marriage.

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2. Bad Behaviour Almost Never Matters (With One Major Exception)

This is one of the most misunderstood aspects of family law. Many people assume that actions like infidelity will directly impact a spousal support award, either increasing it for the wronged party or reducing it for the one who engaged in the misconduct.

Under the federal Divorce Act, this is explicitly not the case. The law states that spousal misconduct related to the marriage is not a proper consideration when making a support order. The focus remains on the economic consequences of the marriage breakdown, not the moral reasons for it.

However, Ontario's Family Law Act does contain a very narrow exception. A court is permitted to consider conduct, but only in truly extreme circumstances. The standard is exceptionally high:

"...in the rare case in which conduct is so unconscionable as to constitute an obvious and gross repudiation of the relationship."

This means that typical reasons for a breakup, such as adultery or growing apart, will not meet this test. The conduct must be so shockingly bad that it fundamentally destroys the marital relationship in a way that has significant economic implications. This exception is very rarely applied.

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3. There Is No "Magic Formula," But There Are Advisory Guidelines

Unlike child support, which is calculated using mandatory, legislated tables, there is no simple formula for calculating spousal support in Ontario. This often comes as a surprise to separating spouses. While lawyers and judges routinely consult the Spousal Support Advisory Guidelines (SSAGs)—a comprehensive but non-mandatory guide developed by academics—to bring more consistency to support awards, the final determination rests on a judge's discretion after a careful review of the specific facts of the case.

The core of the analysis involves assessing the recipient spouse's financial need against the payor spouse's ability to pay. To do this, the court must consider a broad range of circumstances as outlined in the Family Law Act. These key factors include:

• The accustomed standard of living during the relationship.
• The length of time the spouses cohabited.
• The functions each spouse performed during the relationship.
• The effect of child-care responsibilities on a spouse's earnings and career development.
• The recipient's need and the payor's capacity to provide support.
• The goal of encouraging the recipient to become self-supporting.

This list demonstrates that the process is a holistic one, designed to produce an outcome tailored to the unique reality of each family.

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4. The Start Date and End Date Are Not Always Obvious

Two aspects of spousal support orders that often surprise people are their potential start date and duration.

First, a court can order retroactive support, meaning a payor may be required to make payments for a period before the date of the court order. This is not automatic, but it is more likely to be ordered if the payor has engaged in "blameworthy conduct." Examples include hiding income, misleading the other spouse about their finances, or unreasonably delaying the legal process to avoid paying support.

Second, a final spousal support order is not always time-limited. While some orders are for a specific duration to help a spouse get back on their feet, many are "indefinite." This is particularly common after long marriages. An indefinite order does not necessarily mean it will be paid forever, but it has no set end date. It remains in place and is subject to variation only if there is a material change in the circumstances of either spouse, such as retirement, a significant change in income, or a new relationship.

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5. A New Partner or Remarriage Doesn't Automatically End Support

It is a common myth that spousal support payments automatically stop the moment the recipient remarries or enters a new common-law relationship. This is not true.

According to Ontario law, a spouse entering a new relationship does not automatically become disentitled to receive support. The key here is the distinction between entitlement and need. Entitlement is often based on contributions made and opportunities lost during the previous marriage. For example, if one spouse gave up a career to raise children, that economic disadvantage is not erased simply because they find a new partner.

However, the new relationship may significantly impact the recipient's need for support. If the new partner contributes to the household expenses, the recipient's financial need may be reduced or even eliminated. The court will look at the financial circumstances of the new relationship to determine if the amount of support should be adjusted, but it will not terminate it automatically.