Not Always Guaranteed: When Spousal Support Is Denied in Ontario

Spousal support—often referred to as alimony—is one of the most complex and misunderstood aspects of family law in Ontario. There is an assumption that spousal support will automatically be granted in the event of a separation or divorce. However, this is not the case. Spousal support can be denied for a range of legal and factual reasons. Whether you are seeking support or defending against a claim, it is critical to understand when spousal support is denied in Ontario. At Nihang Law Professional Corporation, our family law lawyers provide clear and strategic guidance for clients navigating spousal support disputes in Ontario.

When Is Spousal Support Denied in Ontario?

Lack of Entitlement

Before the court will award spousal support, the party seeking support must first establish entitlement. This can arise from three legal foundations:

1. Compensatory: If one spouse suffered economic loss or gave up career opportunities to support the marriage or raise children, they may be entitled to support as compensation.
2. Non-compensatory (needs-based): A spouse who cannot meet their reasonable needs after separation may qualify for support on financial hardship grounds.
3. Contractual: A spousal support obligation may be created in a valid domestic contract, such as a marriage contract or a cohabitation agreement.

If none of these grounds apply, courts may deny the claim. Lack of entitlement is a primary reason when spousal support is denied in Ontario.

Self-Sufficiency of the Claimant

Canadian family law encourages both parties to achieve financial independence after separation. If the court determines that the claimant is already self-sufficient or can support themselves through reasonable means (such as education, training, or employment), it may deny the request for spousal support. Judges will often consider the duration since separation, income levels, and efforts made to seek employment or retrain.

Short-Term Relationships

Spousal support claims are often denied in short-term marriages or relationships, especially if the relationship lasted less than three years, the couple did not bear children, or there was little or no financial interdependence.

In such cases, the court may determine that both parties should simply return to their financial situation before their relationship. These situations do not usually result in the kind of long-term economic disadvantage that spousal support intends to address.

Comparable Incomes or Resources

If both spouses have comparable incomes or equal access to financial resources, the court finds significantly less reason to grant spousal support. Spousal support is not about punishing one spouse or ensuring equal income levels in every case. It is about addressing genuine economic hardship or inequality caused by the relationship. When both spouses are on equal financial footing, there is often no legal basis for a support order.

Valid Domestic Agreements

Ontario courts give considerable weight to properly executed domestic agreements, such as a marriage contract, a cohabitation agreement, or a separation agreement. If the parties have signed one of these contracts that clearly waives or limits spousal support, the court will usually uphold it, provided it was:

• Voluntarily entered into,
• Based on full financial disclosure,
• Not unconscionable or significantly unfair.

If you’re drafting or disputing a domestic agreement, speak to one of our lawyers about family law contract services.

Delay in Seeking Support

Timing matters. If a spouse waits several years after separation to request support, the court may interpret the delay as evidence that they are well off independently. The longer the delay, the harder it is to argue the case for urgent financial assistance. While there is no strict deadline for making a claim, unexplained or excessive delays can weaken the legal argument for spousal support. 

Repartnering or Remarriage

If the support-seeking spouse has remarried or entered into a new relationship, especially with a financially stable partner, the court may reduce or terminate support. Courts consider whether the new relationship provides financial benefits that reduce the claimant’s need for support. However, this is only a factor and not an automatic disqualification. Each case is assessed individually.

Financial Misconduct by the Claimant

Support may be denied or reduced if the court finds that the claimant has acted in bad faith. Examples include:

• Concealing or understating assets
• Failing to seek reasonable employment
• Intentionally remaining unemployed
• Engaging in dishonest or manipulative financial behaviour

Ontario courts aim to prevent unjust enrichment and may impose consequences for behaviour that takes advantage of the support process.

Child Support Takes Priority

Child support is a legal obligation that always takes precedence over spousal support. If the payor spouse has limited resources, they must first meet their obligations to support any dependent children. In some cases, this may leave insufficient funds for spousal support. Courts will often defer or deny spousal support in such scenarios, especially when income is tight and children’s needs are prioritized.

Property Division Already Addresses Imbalance

In some divorce cases, the division of family property, especially through equalization payments, may already address financial imbalances between the spouses. If one spouse receives a large portion of the shared assets, or if the parties agreed to an unequal property division, the court may determine that spousal support is unnecessary.

For example, if the claimant receives significant funds or real estate in the property settlement, they may be considered financially secure enough not to need ongoing support.

How Nihang Law Can Help

Spousal support is not a guarantee in Ontario family law. Each case depends on the unique facts and financial situations of the parties involved. Understanding when spousal support may be denied can help manage expectations and inform strategic decisions during divorce or separation proceedings.

At Nihang Law, we help clients across Ontario resolve spousal support issues with clarity, compassion, and confidence. Whether you’re seeking support or disputing a claim, our team is ready to help.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with a qualified lawyer to discuss your specific situation. Contact us today to book a consultation with our family law lawyers.