How long does spousal support last in Ontario?

It depends mainly on how long the relationship lasted and whether there are children. Under the Spousal Support Advisory Guidelines, support without children usually lasts half a year to one year for each year of cohabitation, and becomes "indefinite" after 20 years or under the rule of 65. Indefinite does not mean permanent: it means no end date is set, and the order stays open to review and variation.

How the length of spousal support is decided in Ontario

Duration is often the most important number in a spousal support case, sometimes more important than the monthly amount. A modest payment for many years can add up to more than a larger payment for a short time. Ontario courts and lawyers usually look to the federal Spousal Support Advisory Guidelines for a range, then apply the statutes. For the wider context, see our child and spousal support page.

The legal starting point is flexible. The Divorce Act lets a court order support for a definite or indefinite period, or until a specified event occurs (s. 15.2(3)). The Ontario Family Law Act similarly allows periodic support for an indefinite or limited period, or until a specified event (s. 34(1)(a)). Within that freedom, the guidelines offer structure:

1. Confirm entitlement first. Duration only matters if support is owed; see who is entitled to spousal support.
2. Measure the relationship. The without child support formula counts years of marriage or, as the guidelines put it, "more precisely, years of cohabitation", up to separation.
3. Pick the formula. Without dependent children, duration follows the length of the relationship. With dependent children, the guidelines use two tests and take whichever gives the longer result.
4. Check for indefinite support. Twenty years or more, or the rule of 65, leads to indefinite duration under the without child support formula.
5. Decide how to structure it. A fixed end date, a review date, a step-down, or an indefinite order subject to variation.
6. Count interim time. The guidelines intend periods of interim support to be included within the durational limits.

Duration under the guidelines at a glance

What "indefinite" really means

People often hear "indefinite" and think "forever". The guidelines say otherwise. In their words, an order for indefinite support "does not necessarily mean permanent support, and it certainly does not mean that support will continue indefinitely at the level set by the formula". Indefinite support is support "subject to the normal process of variation and review".

Through review and variation, the amount may be reduced, for example if the recipient's income increases or if income is imputed because the recipient did not make reasonable efforts to earn. Support may even end if the basis for entitlement disappears. The guidelines also observe that, in practice, many indefinite orders after long marriages are significantly modified after the payor retires.

The opposite risk matters too. A fixed end date gives certainty but is hard to reopen. Under the Divorce Act, once a time-limited order has expired, a court can only make an order resuming support if it is necessary to relieve economic hardship arising from a change related to the marriage, and the change would likely have produced a different order had it existed earlier (s. 17(10)). Choosing between a fixed term and an indefinite order with a review is therefore a significant decision.

Duration when there are dependent children

Where a spouse receives both child support and spousal support, the guidelines treat duration differently. Initial orders under the with child support formula are indefinite, meaning no end date is set at first, subject to the usual process of review or variation. The formula still provides a durational range, which the guidelines describe as "soft" time limits that structure later reviews and limit the total length of support.

Two tests produce that range, and whichever gives the longer duration at each end is used. The length-of-marriage test mirrors the without child support formula: half a year to one year of support for every year of marriage, and the guidelines expect it to govern most marriages of ten years or more. The age-of-children test runs, at the low end, until the youngest child starts full-time school and, at the high end, until the last or youngest child finishes high school. It typically applies to marriages of less than ten years.

So a parent who separates after a six-year marriage with a toddler may receive support for considerably longer than six years, because care of young children limits earning capacity for years after separation. The Divorce Act objective of apportioning the financial consequences of child care supports that result (s. 15.2(6)(b)).

What changes the answer

• Length of cohabitation. The central factor under both formulas. Documented dates of moving in and separating matter.
• The recipient's age. The rule of 65 can turn a medium-length relationship into an indefinite case for an older recipient.
• Children's ages. Young children can extend duration through the age-of-children test, especially in shorter marriages.
• Self-sufficiency. The Divorce Act says an order should, as far as practicable, promote each spouse's economic self-sufficiency within a reasonable time (s. 15.2(6)(d)). A recipient's progress toward work or training affects reviews.
• Income changes. Changes to either spouse's income can support a variation; see what counts as income for support. The process is explained in changing or ending spousal support.
• Restructuring. The guidelines allow amount and duration to be traded off, for example a higher amount for a shorter time, or a lower amount for longer, within the overall value of the award; see how the amount is worked out.
• Common-law relationships. The guidelines are designed for the Divorce Act, and provincial law must be taken into account for unmarried spouses; see common-law spousal support.

A worked example

For example, imagine three separating couples in Toronto, none with dependent children, where entitlement is accepted in each case.

Couple A lived together for 8 years; the recipient is 38. The duration range is 4 to 8 years (0.5 to 1 year per year of cohabitation). Couple B lived together for 15 years; the recipient is 52. Fifteen plus 52 equals 67, so the rule of 65 applies and duration is indefinite, even though the relationship lasted less than 20 years. Couple C lived together for 22 years; duration is indefinite because the relationship lasted 20 years or more.

In each case, any months of interim support already paid count toward the duration. For Couple A, an agreement might set a fixed end date within the range. For Couples B and C, an indefinite order would usually include terms for review or would be varied later, for example on retirement. These examples are hypothetical and simplified.

Common mistakes about duration

• Assuming indefinite means permanent. The guidelines expressly say it does not.
• Ignoring the rule of 65. Age at separation can change the result dramatically for medium-length relationships.
• Counting only the years of marriage. The guidelines speak of years of cohabitation, so the date you began living together matters, not just the wedding date.
• Agreeing to a firm end date without thinking it through. Resuming support after a time-limited order expires is difficult (Divorce Act s. 17(10)).
• Not counting interim support. Months paid before the final order usually count toward duration.
• Stopping payment when you think the time is up. If the order has no end date, it continues until varied; arrears can be enforced; see what happens if support is not paid.

What to do this week

1. Write down the date you started living together, the date of marriage (if any) and the date of separation.
2. Note each spouse's age at separation and the children's ages.
3. Find any existing order or agreement and check whether it has an end date, review clause or termination event.
4. List any interim support already paid, with dates and amounts.
5. Gather recent tax returns and pay information for both spouses.
6. Book a free consultation with us to run the duration range and discuss whether a fixed term or an indefinite order with a review suits your situation.

Frequently asked questions

Does spousal support end when the recipient remarries?

Not automatically, unless an order or agreement says so. A new relationship can be a change in circumstances that supports a variation, and the court looks at the condition, means, needs and other circumstances of each spouse.

Does support end when the payor retires?

Retirement can be a material change. The guidelines note that many indefinite orders after long marriages are significantly modified after the payor's retirement, but each case depends on its facts, including whether pensions were already divided as property.

Can we agree on a lump sum instead?

Yes. Both the Divorce Act and the Family Law Act allow lump sums, and a lump sum ends the ongoing relationship. Tax treatment differs from periodic payments; see support and taxes.

What is a review clause?

A term in an order or agreement that sets a date or event for revisiting support, for example after a retraining program. The guidelines note that indefinite orders may have review conditions attached. Exactly what happens at a review depends on how the clause is written, so the wording deserves care.

How does interim support affect duration?

The guidelines intend interim periods to be counted within the overall duration, so long proceedings do not extend support. See support before the case is decided.

Can a time-limited order be extended?

Before it expires, a variation may be possible on a material change. After it expires, the Divorce Act sets a stricter test for resuming support (s. 17(10)).

Sources

• Department of Justice Canada, Spousal Support Advisory Guidelines (July 2008), chapters 3, 7 and 8
• Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) (ss. 15.2(3), 15.2(6), 17(4.1), 17(10))
• Family Law Act, R.S.O. 1990, c. F.3 (ss. 33(9), 34(1))