How Long Does Spousal Support Last in Ontario?

Spousal support is often one of the more complicated parts of a separation or divorce. If you’re paying or receiving support in Ontario, you’re probably wondering: how long will this last? Unfortunately, there’s no one-size-fits-all answer. The end date can vary widely depending on your circumstances, what the court decides, and what you and your Ex have agreed to.

In this brief Blog, we’ll walk you through:

• How the duration of support is determined
• The difference between fixed-term and indefinite support
• When (and how) spousal support ends

What Determines the Duration of Spousal Support?

In Ontario, spousal support isn’t automatically awarded – instead it’s based on several legal factors under the Divorce Act (for married spouses) or the Family Law Act (for common-law couples). Once entitlement to support is established in law, the duration of payments depends on things like:

• The length of your relationship or marriage
• Whether there are children
• Whether one of you gave up career opportunities to support the family
• The age and health of each of you
• The financial circumstances of both of you

For example:

• In a short marriage (under 5 years), support might only last a year or two.
• In longer marriages – especially if one of you was financially dependent on the other – support could last much longer, even indefinitely.

Family courts and lawyers often refer to the Spousal Support Advisory Guidelines (SSAGs) for assistance in setting the proper amount and duration of support.  As the name suggests they are only “advisory” rather than mandatory in nature; nonetheless they helpfully provide a range of support to choose from, based on your respective incomes, the length of your marriage or common-law relationship, and numerous other factors.

Fixed-Term vs. Indefinite Support

There are two basic types of spousal support orders or agreements in Ontario: fixed-term and indefinite.

Fixed-Term Support

Simply put, this is spousal support with a clear end date. It’s often used in:

• Shorter marriages
• Situations where the recipient needs time to get back on their feet, retrain, or find work

For example: If you were only married for 4 years, and you (as the lower-income-earning souse) need 12 months of support to complete a training program that will help you become financially self-sufficient, the court might order support for exactly one year.

This type of support gives clarity – but it also means there’s little room to extend it later (unless there’s a major unforeseen change in circumstances).

Indefinite (But Not Forever!) Support

Despite the name, indefinite support doesn’t always last for life. It simply means there’s no set end date – yet.  Courts can certainly add one later, when the circumstances have been proven to warrant it.

Indefinite support typically ordered in:

• Long marriages of 20+ years that were of a traditional nature (e. the wife opted out of the workforce to stay home and care for the children)
• Cases where the support recipient is unlikely to become financially independent (due to age, health, or time out of the workforce)

As mentioned, even in these cases the entitlement to spousal support may end if circumstances change significantly. That brings us to the next point.

When (and How) Does Spousal Support End?

Here are the most common situations where spousal support ends in Ontario:

Your Agreement or Court Order Says So

If your separation agreement or court order includes an end date (e.g. wording like “support ends after 5 years”), then that’s the date it ends—unless both of you agree to change it, or one of you goes back to court to vary it.

Remarriage or Repartnering

Unlike child support, spousal support may be affected if the recipient remarries or starts living with a new partner. While remarriage doesn’t automatically end support, it may trigger a “material change in circumstances”, prompting the payor to ask the court for a reduction or an end to the payments.

Financial Independence

If the recipient becomes self-sufficient – say, they get a new job, start earning more, or inherit money – then the paying party can apply to the court to terminate or reduce support.

Retirement of the Payor

Once the payor retires, especially if they do so at a normal retirement age (and not early, so as to strategically avoid their obligations), that can be grounds to review or end spousal support. Courts will examine whether the retirement was reasonable in the circumstances, and whether the payor’s income has dropped substantially.