In Canada, when couples separate or divorce, one of the key things they often need to deal with is spousal support. If one spouse earns more, they may need to pay spousal support to the other. This support helps the lower-earning spouse become financially stable.
The purpose is simple. Spousal support helps the other person adjust after the relationship ends. It prevents serious money problems. It can also help cover child care costs and balance out financial disadvantages from the marriage.
Spousal Support Guidelines
When couples in Mississauga go through a divorce, they often use the Spousal Support Guidelines. These are not strict rules, but a guide to help decide how much support should be paid. Every couple’s situation is different, so the actual amount may be more or less than the suggested range.
You can read the guideline here: Spousal Support Advisory Guidelines: The Revised User’s Guide
How Long Does Spousal Support Last?
In some cases, support lasts only for a short time. This often happens after a short marriage. The idea is to give the person time to get training or find a job. After a longer marriage, support might last longer. This is especially true if the person hasn’t worked in years or stayed home to raise children.
What Courts Consider
When deciding spousal maintenance or alimony, Ontario courts look at many things. These include:
- Age and health of the person asking for support
- Their job opportunities
- How the marriage affected their ability to work
- How much they helped at home
- Their role in supporting the other person’s career
- The lifestyle they had during the marriage
- How long might it take them to be independent?
- Whether they need to stay home to take care of their kids
Who Can Get Spousal Support in Mississauga
Not everyone gets spousal support after a breakup. But in Ontario, you might be eligible if you were married, lived together for at least three years, or had a child together in a lasting relationship. This applies across the province and to Spousal Support in Mississauga as well.
To qualify, one of these things must usually be true:
- You gave up career growth to care for kids or support your partner’s job.
- You now need help financially, and your ex can afford to pay.
- You have a legal agreement that promises spousal maintenance if you split up.
Courts also consider things like your age, health, and child care needs.
How to Ask for Spousal Support in Ontario
Support doesn’t happen automatically. If you’re separating, you and your ex can agree on how the support yourselves. This is often done through a Separation Agreement. If you can’t agree, you can ask a judge to decide. This is where a lawyer can help.
Spousal Support Calculation in Mississauga
Support amounts can vary. Several things matter:
- Big income differences
- If there are kids and who takes care of them
- Your age and health
- What roles did you both play in the relationship
- Whether you can now support yourself
Lawyers and judges often use the Spousal Support Guidelines to estimate how much should be paid and for how long. These guidelines are not rules, just a helpful tool. You can use this spousal support calculator to find a tentative amount that you might need to pay.
Ways to Set Up Spousal Support
There are three ways to arrange support:
- Separation Agreemen
You can agree on the terms without going to court. You can write the agreement yourselves or with help from a mediator or family law professional. This is often the easiest and fastest way. - Register the Agreement with the Court
If you want the law to help enforce payments, you can file your Separation Agreement at court. This lets the Family Responsibility Office (FRO) handle the payments. - Go to Court
If you and your spouse can’t agree, you can ask a judge to decide. The court will then file an official support order. The FRO will make sure the support is paid.
Making Sure Payments Are Made
If you go through court or register your agreement, you can ask the FRO to manage payments. They collect and send support directly to the person who’s supposed to get it. If payments are late or missed, the FRO can take action to enforce them.
To register your agreement with the FRO, you’ll need to:
- Attach your most recent agreement a Form 2B
- File it at the right courthouse
- Send the FRO a copy of your agreement, Form 26B, and the registration package
Once this is done, the FRO deposits payments right into your bank account—usually within 48 hours.
Changing Spousal Support in Mississauga
Life changes. And when it does, your spousal support arrangement might need to change, too. Whether you have a Separation Agreement or a court order, changes in income, new relationships, or shifts in child care can all lead to a review.
For example, support might need to change if:
- One of you is making more or less money
- The person getting support is now financially independent
- The person getting support has remarried
- Parenting arrangements have changed
Sometimes, these changes are already listed in your agreement. For instance, it may say support ends if one partner remarries or retires. Your agreement might also include a review date, a set time to go over support again.
Updating Your Separation Agreement
If your current agreement doesn’t mention what should happen when things change, you might need to create a new Separation Agreement. If you and your ex can agree, it’s often best to work with a family law professional or mediator. This way, you can adjust the terms without going to court.
If your agreement isn’t filed with the court yet, or if the new agreement will replace the old one, you’ll need to file it at the same court:
- Family Court branch of the Superior Court of Justice, or
- Ontario Court of Justice in your area
You’ll also need to file Form 26B: Affidavit for Filing Domestic Contract or Paternity Agreement.
Changing a Spousal Support Court Order in Ontario
If you both agree to change a spousal support court order, you can submit these forms:
- Form 15C: Consent Motion to Change
- Form 13 and 13A, unless you both agree to leave them out
- Form 14B: Motion Form
- Form 25: Draft Order (5 copies unless you file online)
- A support deduction order form
- Stamped envelopes, if not filing online
Online filing is often the fastest option. But if you file in person, use the same court where the original order was made. Always block out personal financial details before filing, like account numbers or SINs.
A judge will review your documents. They may sign the draft order or ask you to provide more info or come to court.
When You Don’t Agree on a Change
If one of you wants to change spousal maintenance but the other disagrees, you’ll need to go to court. The required forms include:
- Form 15: Motion to Change
- Form 13 and 13A
- Form 25: Draft Order
- Support deduction forms
- Statement of arrears (if applicable)
- An updated table of contents for your file
After filing, the court will give you a case number. You must serve your spouse within 30 days. They will also get:
- Form 15B: Response to Motion to Change (blank)
- Form 15C: Consent Motion to Change (blank)
If they don’t respond within 30 days (or 60 days if outside Canada or the U.S.), the judge may decide based on your documents alone.
What If Your Spouse Won’t Pay
Unfortunately, not everyone sticks to the agreement. If your spouse isn’t making support payments, you can try to talk it out, or get help from a lawyer or mediator. If that doesn’t work, the Family Responsibility Office (FRO) or the courts can step in.
FRO can:
- Take money directly from the payor’s bank account
- Suspend their driver’s license
- Start a court case against them
There’s no cost to the person receiving support. If you have a court order, it’s automatically sent to FRO. If you have a Separation Agreement, you must file it with the court and then register it with FRO.
FRO will contact the payor’s employer and arrange for support to be deducted from their pay and sent to the receiving spouse.
Going Through the Courts to Enforce Support
If you don’t want to use FRO, you can ask the court directly to enforce your Spousal Support Ontario order. You might ask the court to:
- Take funds from your ex’s bank account, wages, or retirement savings
- Order their employer to make the payments directly
Always speak to a lawyer to make sure you’re using the right forms and steps to protect your rights.
Bottom Line
If your situation changes, your spousal support should reflect that. Whether you agree with your ex or need the court’s help, there are clear steps to update or enforce support. Make sure your agreement works for your current needs and get legal advice if you’re unsure.
Quick FAQs
Spousal support is determined by assessing factors such as the length of the relationship, each spouse’s income and financial needs, roles during the relationship, and any agreements made. The aim is to ensure fairness and financial stability post-separation.
Ontario uses the Spousal Support Advisory Guidelines (SSAGs) to suggest support amounts and durations. These guidelines consider factors like income differences and relationship length but are not mandatory. Courts and lawyers often use them as a reference.
Yes, you can seek spousal support during a divorce in Toronto. Eligibility depends on factors like financial need and the ability of the other spouse to pay. Both married and common-law partners may be eligible.
Factors include:
Length of the relationship
Each spouse’s income and financial needs
Roles during the relationship (e.g., caregiving, income-earning)
Age and health of both spouses
Childcare responsibilities
Any existing agreements or court orders
The duration varies. For shorter marriages, support might last half to one year for each year of the relationship. Support could be indefinite for longer marriages (20 years or more). Changes in circumstances can also affect duration.
While not mandatory, having a lawyer is beneficial. They can help you understand your rights, negotiate agreements, and represent you in court if needed.
Calculations often use the SSAGs, considering factors like income differences and relationship length. Tools like DivorceMate software can provide estimates, but consulting a lawyer ensures accuracy and fairness.
Disclaimer: The information provided in this blog is for general informational purposes only. For professional assistance and advice, please contact experts.
