Spousal Support and Child Support in Ontario: How Are They Calculated?
Support is one of the most contested issues in any divorce. Understanding how Ontario law approaches both child support and spousal support will help you negotiate from a position of knowledge.
Child Support
Is Child Support Mandatory?
Yes. Child support in Ontario is not optional. Under the federal Divorce Act and Ontario’s Family Law Act, a parent has a legal obligation to support their children financially. The amount is determined by the Federal Child Support Guidelines.
How Is It Calculated?
The guideline amount depends on:
- The paying parent’s gross annual income
- The number of children
- The province of residence of the paying parent
The Guidelines provide a fixed table amount based on these variables. Both parties cannot agree to pay less than the table amount — any agreement to do so is not enforceable.
Special or Extraordinary Expenses
In addition to the table amount, parents may also share Section 7 expenses — special or extraordinary expenses for the child, such as:
- Childcare costs
- Medical and dental expenses not covered by insurance
- Extracurricular activities
- Post-secondary education
These are typically shared proportionally based on each parent’s income.
What If the Paying Parent’s Income Changes?
Child support can be varied if there is a material change in circumstances — such as a significant change in income. Either party can bring an application to vary the existing child support order.
Spousal Support
Is Spousal Support Automatic?
No. Unlike child support, spousal support is not automatic. There must be an entitlement — based on compensatory, non-compensatory, or contractual grounds — before any amount is determined.
Grounds for Spousal Support
- Compensatory: One spouse gave up career opportunities or education during the marriage to support the family or the other spouse’s career.
- Non-compensatory: One spouse is in financial need following the breakdown of the marriage.
- Contractual: A domestic contract (such as a marriage contract) provides for support.
How Is It Calculated?
The Spousal Support Advisory Guidelines (SSAG) provide a range for both the amount and duration of spousal support. Unlike child support, these are advisory — not mandatory — and courts have significant discretion.
Key factors include:
- Length of the marriage
- Each spouse’s income and earning capacity
- The roles each spouse played during the marriage
- Sacrifices made to support the other spouse’s career
How Long Does It Last?
Duration varies widely. For shorter marriages, support may be time-limited. For long marriages — particularly where one spouse was out of the workforce for a significant period — support may be indefinite.
Practical Advice
Support disputes are often the most emotionally charged part of a divorce. Before agreeing to any support arrangement, make sure you understand:
- Whether child support is being calculated at the correct guideline amount
- Whether you have an entitlement to spousal support
- What range the SSAG suggests for your situation
- Whether a time-limited or indefinite arrangement makes more sense
Getting these numbers right matters — not just now, but for years to come.
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This article was written by Miao He (何淼), Ontario lawyer (LSO #83315K) and China-licensed lawyer, focusing on family law for the Chinese-Canadian community in the GTA.
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