Frequently asked questions

Duration typically ranges from 0.5 to 1 year of support per year of marriage or cohabitation if there are no children. It can be very different when children are involved. For marriages of 20 years or more, or where the Rule of 65 applies, support may be set as indefinite — but this can still be reviewed and ended.

Yes, if you meet your province's definition of a common law partner. In most provinces, this means three or more years of cohabitation, or a relationship of some permanence with a child together. Quebec is the exception — it does not provide partner support for common-law couples.

Yes. If there is a material change in circumstances — such as job loss, retirement, or the recipient becoming self-sufficient — either spouse can file a Motion to Change. Review clauses in the original agreement can also allow reassessment without proving a material change.

Contact your provincial enforcement agency (such as the Family Responsibility Office in Ontario). These agencies can garnish wages, seize bank accounts, suspend licences, and take other enforcement steps. If your spousal support order is not yet registered, file it with the agency as soon as possible.

Monthly support payments under a court order or written agreement are taxable to the recipient and deductible for the payor. A lump sum payment is neither taxable nor deductible. All child support must be current for the spousal deduction to apply.

Enforcement agencies have a range of tools, starting with wage garnishment and account seizure. Licence suspension and credit reporting are common next steps. Jail — up to 180 days for contempt — is a last resort, used only when a payor wilfully refuses to pay despite having the ability to do so.

You are not legally required to hire a family lawyer, but professional advice is strongly recommended, especially for complex income situations, property division, or disputes about entitlement. At a minimum, both spouses should get independent legal advice before signing any agreement.