Feldstein Family Law Group

At a difficult time like this, put us in your corner and we will fight for your rights.

FAQs - Spousal Support

How do I get spousal support?

There are numerous ways to get spousal support in the Province of Ontario.

[Read more.]

How is spousal support calculated?

Spousal support may be calculated in numerous ways. Firstly, the judges may simply decide to award an amount for a period of time that, based on all the circumstances of the case, they feel is appropriate.

[Read more.]

If I have to go to court to decide spousal support, how can I best prepare?

It might also be beneficial to work out an arrangement with your former spouse/partner beforehand to present to the court. This can have the effect of reducing the time that you will need to spend in court as well as the cost. If that proves to be impossible then you should gather all necessary and important income information that is relevant to making determinations about support or that may be inputted into the appropriate formula.

[Read more.]

My former spouse/partner is refusing to make spousal support payments. How can I get my support order enforced?

If you haven’t done so already then you may take your former spouse/partner to court and get an order requiring him or her to pay support. Once the order is made it is filed with the FRO who then has the power to enforce it using various enforcement mechanisms.

[Read more.]

My former spouse/partner’s income has increased dramatically. Can I go to court and get an order to increase his spousal support payments?

Yes. You may bring an application to vary an existing order when your former spouse or partner's income increases dramatically. The court will consider whether there has been enough of a “change in circumstances” to warrant an increase in support payments.

[Read more.]

I have a spousal support order from another province. Is it enforceable in Ontario, or do I have to go back to court?

You do not need to go back to court.

[Read more.]

What will happen if I don’t make my spousal support payments?

If you decide not to make your support payments then the FRO may take action and begin enforcing the order by using one (or more) enforcement mechanisms.

[Read more.]

The Family responsibility Office (FRO) is threatening to take my driver’s license because I am behind in support payments. But if they take my licence then I can’t work to make money. Can they do this?

Yes they can. The FRO has the authority to use any type of enforcement mechanism necessary to enforce support payments.

[Read more.]

Can my former spouse/partner avoid making spousal support payments by filing for bankruptcy?

No he or she cannot. Child and spousal support are not affected by a claim for bankruptcy.

[Read more.]

Is spousal support taxable?

Yes. According to the Income Tax Act spousal support, in the form of periodic payments, is taxable as income for the recipient spouse and deductible from the paying spouse’s income.

[Read more.]

My former spouse/partner has moved in with a new partner. Do I still have to pay spousal support?

Yes. According to a 2000 decision from the Ontario Superior Court of Justice a wife’s subsequent arrangement with a new partner is not an automatic bar to her entitlement to support.

[Read more.]

We weren’t married, but lived common-law. Can I still get spousal support?

Yes, you may bring a claim under the Family Law Act which contemplates common-law couples.

[Read more.]

Do you need to keep paying spousal support if your ex gets remarried?

As the spousal support payor or payee, you are probably wondering whether the payor must continue to pay if the payee gets remarried. The need to continue paying spousal support if your spouse gets remarried or enters into a new cohabitation depends on the basis for entitlement to support.

[Read more.]

Family Law Video Files

A library of short videos to help you understand the issues you are facing.

See all Videos

Huffington Post Contributor

Andrew Feldstein is a regular contributor to The Huffington Post Canada. The Huffington Post

Disclaimer: The materials on this website are intended for general informational purposes only and do not constitute consulting or legal advice on any matter. Please read our entire disclaimer prior to reading information on this site or sending information to us.