When Will a Court DenySpousal Support?

When a relationship breaks down, one of the biggest worries people have is money – including who might owe spousal support to whom.

Many people make incorrect assumptions, such as:

• Spousal support is automatically awarded by courts
• It’s always the wife who gets spousal support
• Spousal support usually goes on indefinitely, long after the divorce papers are signed.

None of these is true, at least not in Ontario.  In fact, if you’re a spouse making a claim for support, there are many scenarios where your request might be denied by the court outright. Let’s take a look at the factors courts consider, when making that kind of decision.

First Things First: Who’s Actually Eligible for Spousal Support?

Before thinking about whether support can be denied, it’s good to know if you’re potentially eligible at all. In Ontario, this is governed by one of two key pieces of legislation:

• The Ontario Family Law Act, which applies if you’re common-law, or else are separated but not divorcing
• The federal Divorce Act, which applies if you’re married and definitely getting a divorce.

Under either law, there are basic legislated principles, based on law and public policy, that give rise to support obligation by one spouse toward the other.  These dictate that you will be generally eligible for support if the following factors are present:

• There’s a big gap between your income or earning capacity, and that of your spouse
• You suffered financial disadvantages because of the relationship (e.g., putting your career on hold to support your spouse, or to raise your kids), and
• You need financial help to become self-sufficient after the breakup.

If none of these conditions apply, then your claim for spousal support might be denied based on a fundamental lack of entitlement.

When Ontario Courts Say “No” to Spousal Support

Even if you meet the general eligibility thresholds, a court might still deny you a support order depending on other circumstances.  Here are five common reasonsthis may happen:

1. Your Relationship Was Short

Simply put:  The shorter your relationship, the less likely you are to receive spousal support.   That’s because the court assumes you and your spouse can each move on without the help of the other, especially if you kept your finances separate.

2. You Both Earn About the Same Amount

If both of you are financially stable with similar incomes,oryou each have the potential to earn about the same money, thencourts usually won’t award spousal support to either of you. The idea behind support is fairness, so if you’re more-or-less financially equal, support isn’t needed.

3. Financial Misconduct

While things like infidelity generally don’t affect spousal support, serious financial misconduct can. If you deliberately wasted, gambled away, or hid money or property during your relationship or separation, the court might refuse to grant you spousal support as a way of compensating for the unfairness of your misconduct.  This is especially true if that misconduct financially harmed your spouse in some demonstrable way.

4. You Can Easily Support Yourself—But You Choose Not To

Ontario courts expect you to try to become self-supporting whenever possible. If you are able to work but refuse to look for a job, upgrade your skills, or make reasonable efforts to support yourself, then your claim for spousal support could be denied or greatly discounted. The courts encourage independence and do not reward voluntary unemployment or under-employment.

5. You Signed a Pre-nup or Separation Agreement

If you have a valid pre-nuptial agreement or a domestic contract in place in which you explicitly agreed to give up your spousal support entitlement, the Ontario courts will generally hold you to it. The exception is where there has been a major, unexpected change in circumstances that neither of you foresaw, or where the agreement should be set aside because it was flawed in the first place (e.g. it was signed under duress).

The Bottom Line

In Ontario, spousal support isn’t automatic, and there are several reasons it might be denied. Courts always look at fairness, practicality, and your specific circumstances.

If you think you might be entitled to support—or if you’re wondering if your spouse’s request for support is fair—come speak to us for case-specific advice. We can help you understand your rights, andclarify the law so that you can tailor your expectations accordingly.