Can You Get Spousal or Child Support Even Before Your Divorce is Final?

Going through a separation and divorce can be tough.  Emotionally and financially, it’s natural to feel overwhelmed, and concerned for what the future holds.

One question that we get asked often by potential child or spousal support recipients, is about the present:  Specifically, whether they are entitled to payments from their Exnow – even before the divorce happens.

The Two Types of Support

But before we dive in to answer that question, it’s important to know that Ontario Family Law recognizes two main types of financial support in the event of your separation/divorce:

• Child support. This is financial support that both of you as parents have a legal duty to provide to your child, regardless of your own relationship status. It is a financial right that belongs to your child, and is designed to ensure that your kid’s basic needs continue to be met, even during your separation.
• Spousal support. Unlike child support, the right to spousal support is not automatic. Instead, there’s the key question of whether, as former spouses, one of you even has a legal obligation in the circumstances to pay the other; if so, then there is the second question of the amount. This will all depend on several factors, and will require a close look at your former relationship, and at your current and future circumstances.

Temporary vs. Permanent Support – What’s the Difference?

Next, we need to clear up the difference between:

• Temporary (or “interim”) support, and
• Permanent support that might be ordered by a judge later in the process.

Each type is subject to different legal considerations.

Temporary support is like a first-aid measure: it’s designed to quickly stabilize your financial situation while you sort out all the details of your separation and divorce. Courts set interim support amounts based on early information, knowing that your financial details are still being sorted out. Because of this, interim support amounts are often a ballpark starting point for later support awards, but it’s not entirely determinative.

On the other hand – and whether it’s child support or spousal support – permanent support is a long-term solution, and is usually decided by the court later in the divorce process. It involves a deeper dive into each of your and your spouse’s financial circumstances, as well as into your health, future earning abilities, and the contributions made during your relationship. With more detailed financial information, the court has a clearer picture of what you each need to become financially self-sufficient and stable in the longer term.

If it’s relating to child support, then the court will always hone in on the best interests of the children, when setting the proper amount.

Frequently Asked Questions

With that background in mind, here are some of the questions about temporary support that we often get – and the answers you need to know.

Q: What Goes Into Deciding How Much Temporary Child (and Later, Permanent) Support I Might Get?

A:For temporary child support, the calculation is fairly easy.  When you first separate, your kids still need care right away – and both of you are still required to provide them with financial support. The amount of support usually follows straightforward mathematical tables put out by the federal government – known as the Federal Child Support Guidelines. The figure is generally tied to the paying parent’s income, and the number of children you have together. Additional costs for things like daycare, medical bills, or special activities might also get added in separately.

Once everything settles a bit and custody arrangements become clearer, permanent child support kicks in. Now, “permanent” doesn’t mean forever – it just means this arrangement is ongoing and stays in place until something significant changes. That could be changes to income, custody arrangements, or when your child grows up and becomes independent.

Q: How Do I Know if I’m Entitled to Temporary Spousal Support?

A: As mentioned – and unlike child support – your spousal support entitlement at any stage of your divorce is not automatic.  If you’re the potential recipient, the question of whether you might be entitled at all will depend on several things: How long you were together, your respective financial situations, and the roles you each played in the relationship. The main goal of spousal support is to balance out any financial unfairness that happened because of your relationship – for instance, if you stayed at home to raise your kids, or took a lower-paying job to support your spouse’s career.

The same considerations apply to temporary spousal support.  When you first separate, you might be the partner who earns less, and who will financially struggle more. Temporary support might help you bridge this gap until you and your spouse can maintain a decent standard of living while you figure out your next steps.

Q: So, How Exactly Are Temporary Spousal Support Amounts Calculated?

A:Ontario courts usually follow guidelines called the Spousal Support Advisory Guidelines (SSAG). These give suggested ranges rather than exact figures. Again, the amount is influenced by a long list of factors, such as your respective incomes and needs, and the length of your relationship.

Q: Does Temporary Support Dictate How Much Permanent Support I Might Get?

A: Not always, but in some cases. Respecting child support, the temporary amounts will often be very close to the permanent child support figures, because they will be based on the Federal Child Support Guidelines.

For spousal support, on the other hand, a temporary order which granted you a certain financial amount of spousal support – and which seems to be serving your needs – may operate to guide the court on what is a reasonable permanent order.  However, the court always has discretion to set a permanent support amount that is appropriate to your means, needs and circumstances, and those of your spouse.

The Takeaway

If you’re going through a separation, know that financial support doesn’t have to wait until your divorce is finalized. Ontario law recognizes the importance of addressing immediate needs—especially when children are involved or if you are financially vulnerable due to the relationship ending.

If you are in this position, give our offices a call.  We can help you understand your rights.