Spousal support

Spousal support (also called maintenance) is financial support paid to a former spouse under a court order or agreement. (You don't have to be married to be considered someone's spouse. Common-law partners might also be eligible for support.)

What the law says about spousal support

There are two laws that tell a judge or master what to consider when deciding who should pay support and how much it should be: the Family Relations Act (a provincial law) and the Divorce Act (a federal law). If you were never married to the other party, your spousal support order must be based on the Family Relations Act. If you were married and are now separated or divorced, an order granting support could be based on either of the two laws.

This booklet has more information about how a judge or master will decide the amount of spousal support to award: Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and Divorce.

There are spousal support guidelines that help predict the amount of support that might be ordered. They take into account how long you were married and whether you have children, then vary the amount of support and the time it must be paid according to this information. Because the calculations are very complex, you'll need to see a lawyer who has the right kind of software to make them.

Note: MySupportCalculator.ca is a website containing a support calculator, a directory of family lawyers, and FAQ about child/spousal support. The calculator performs very simple and basic child and spousal support calculations under Canadian federal law based on the information you provide. It's intended to provide a "ballpark" figure that would then need adjusting in accordance with the specific factors of your case. The Legal Services Society doesn't claim these figures are precise or accurate nor does it endorse the lawyers listed on this site.

Time limits for applying for spousal support

If you were married, you must apply for spousal support under the Family Relations Act within two years of an order for divorce or separation. There is no time limit under the Divorce Act.

If you were in a common-law relationship, you must have lived together for at least two years to get a court order for spousal support. You have one year from the time you stopped living in a marriage-like relationship to apply for spousal support.

Spousal support orders are often made for a certain period of time, possibly a few years. Longer relationships can lead to orders for longer periods of support. But the law still expects people to support themselves as soon as possible after a divorce or separation. If you need to extend spousal support, however, apply before the end of the time limit stated in the court order. It is a good idea to get a lawyer’s help. See Who can help? for more information about how to find a lawyer.

Providing financial information to each other and the court (disclosure)

Both Supreme and Provincial Court have rules saying that both parties must disclose financial information when one of them applies to get or change a support order. This means that they exchange documents showing their income and assets with each other, and they also file them with the court.

In the Supreme Court, the Financial Disclosure rule says that both parties must fill out a Financial Statement (Form F8) and file it with the court for orders related to support. For help, see our guide How to deal with a Financial Statement.

In the Provincial Court, Rule 4 requires both parties to fill out and file a Financial Statement (Form 4) whenever anyone applies to get or change an order for spousal support (including cancelling or reducing arrears). However, if you agree about the amount of your incomes and how much support should be paid, you can instead fill out a Consent Form (Form 19) and file it along with copies of your most recent income tax returns and notices of assessment. For copies of these forms, go to the Family court forms page of the Attorney General's website.