Why does Canada have spousal support when China rarely awards it?
Chinese courts seldom award spousal support in ordinary divorces, with exceptions limited to narrow hardship situations such as serious illness. Ontario operates under a fundamentally different framework: spousal support is an independent legal claim with a developed body of law. Even when both parties are working and healthy, an Ontario court may order spousal support to maintain the marital standard of living or to compensate for career sacrifices made for the family. For amount and duration, continue with How long does spousal support last in Ontario?; for a structured comparison, see Ontario vs China: child and spousal support; procedure context is on our divorce litigation page.
Key Points
The two systems start from different defaults. Chinese courts treat ordinary divorces with the assumption that each spouse will move on financially after the marriage ends; spousal support is reserved for narrow hardship situations like serious illness or loss of working capacity.
Ontario takes the opposite default. Spousal support is an independent, developed area of law. Even when both spouses are healthy and employed, an Ontario court may order support — based on marital lifestyle, career sacrifices made for the family, or economic disadvantage caused by the marriage breakdown.
Detailed Answer
Ontario spousal support is governed by both the federal Divorce Act and the provincial Family Law Act. Three theoretical bases support an award: compensatory (one spouse made career sacrifices for the family), non-compensatory (a spouse faces economic hardship after the marriage ends), and contractual (express or implied agreements between the spouses).
The Spousal Support Advisory Guidelines (SSAG) provide ranges — not strict rules — for amount and duration. Lawyers and judges treat them as a strong reference in most cases. SSAG outputs a range (e.g., monthly amount X to Y, duration N to M years), with judicial discretion still operating within those bounds.
The Chinese 'rarely awards' tradition does not transfer to Canada. Awards in Ontario can be substantial in dollar amount and run for years — sometimes a decade or more in long marriages. For Chinese-Canadian families, this is one of the most underestimated legal risks. If you are the higher earner, treat the question 'will I owe spousal support' as a top-tier issue at the first consultation.
Conversely, if you are the lower-earning spouse or made career sacrifices for the family, spousal support may be a meaningful right — don't waive it because Chinese courts wouldn't have ordered it. To assess your situation, contact Miao He at 647-930-6688.
Still have questions?
Miao He · Mandarin & English · 30 min consultation $220 + HST · Markham · All of Ontario
