In Ontario, you are eligible to claim spousal support if:

• You were legally married, or;
• You lived together in a common-law relationship for at least 3 years, or;
• You lived together in a relationship of some permanence and have a child together.

In 2026, we use the Spousal Support Advisory Guidelines (SSAG). These are complex formulas that look at the “gross income difference” between partners.

• If there are no children: Support is usually between 1.5% and 2% of the income difference for every year you lived together.
• If there are children: The math changes entirely to ensure the household with the children has enough “net disposable income” to function.

Duration is generally tied to the length of the relationship.

• For shorter marriages, it usually lasts between 0.5 to 1 year for every year of the marriage.
• For long-term marriages (20+ years), or where the “Rule of 65” applies (age + years of marriage = 65), support may be indefinite.

Yes, significantly. Under Ontario law, child support always takes priority. If a payor doesn’t have enough money to pay the full “Table amount” of both, child support is paid first. Spousal support is then calculated based on the remaining income.

Retirement is considered a “material change in circumstances,” but it doesn’t always mean support drops to zero. If you have a significant pension that was already “equalized” (divided) during the divorce, we must be careful to avoid “double-dipping.” However, if your income drops significantly upon a reasonable retirement, we can often apply to vary or terminate the support.

Remarriage or cohabitation of the recipient does not automatically end spousal support in Ontario. However, it can be a reason to review the amount. The court will look at whether the new partner is contributing to the recipient’s expenses, thereby reducing their financial “need.”