When Is Spousal Support Denied in Ontario? What You Need To Know

Feb 20, 2026

When is spousal support denied? Spousal support is not automatic in every separation or divorce. The answer depends on the unique circumstances of each case.

These circumstances include the facts of each relationship, the financial circumstances of both spouses, and the legal principles set out in Ontario family law. If you are separating and unsure whether spousal support may be awarded or denied, it is important to understand the legal framework that applies to your situation.

Kelly Jordan Family Law focuses on family law, and we work with clients across Ontario to help them understand their rights and obligations before costly mistakes are made.

In this post, we explain when spousal support may be denied in Ontario, and what options may still be available.

When Is Spousal Support Denied In Ontario?

Under Ontario family law and the federal Divorce Act, spousal support is not awarded simply because a couple was married or lived together. A spouse must first establish entitlement. If entitlement cannot be proven, support may be denied.

Courts look at several key factors when determining entitlement, including:

The length of the relationship
The roles each spouse played during the relationship
Financial disadvantage arising from the relationship or its breakdown
The ability of one spouse to pay support
The needs and means of both spouses

If the court finds there is no legal basis for entitlement, spousal support may be denied.

No Financial Disadvantage Or Economic Loss

One of the most common reasons spousal support is denied in Ontario is the absence of economic disadvantage.

Spousal support often compensates a spouse who sacrificed career opportunities to support the family. For example:

Leaving the workforce to raise children
Reducing hours to support a spouse’s career
Relocating for the other spouse’s employment

If both you and your spouse remained financially independent throughout the relationship and neither suffered economic loss due to the marriage, a court may find that support is not justified.

Short-Term Relationships

The length of the relationship matters. In short-term marriages or common-law relationships, particularly those without children, courts may be less likely to award support.

While there is no automatic rule that short marriages mean no support, entitlement is more difficult to establish if:

The relationship lasted only a few years
Both spouses entered and exited the relationship in similar financial positions
There was no significant merging of finances

In these cases, the court may determine that ongoing financial support is not required.

Self-Sufficiency Of Both Spouses

Family law encourages self-sufficiency where reasonable. If both spouses are employed, financially stable, and capable of meeting their own needs, support may be denied.

Courts will consider:

Current income levels
Employment history and skills
Future earning capacity
Health and age

If a spouse seeking support has the ability to earn sufficient income but chooses not to pursue employment, the court may attribute income to them. This can result in reduced support or a denial altogether.

Contracting Out Through A Marriage Contract Or Separation Agreement

Spouses can enter into domestic contracts, including marriage contracts or separation agreements, that address spousal support.

If a valid agreement clearly states that spousal support is waived, a court may enforce that waiver. However, agreements are not automatically binding in every situation. Courts may set aside provisions if:

There was a failure to provide full financial disclosure
One party did not receive independent legal advice
The agreement is significantly unfair

Still, a properly drafted agreement can result in support being denied.

Misconduct Is Not A Factor

Many people assume that adultery or other bad behaviour determines support. Under Ontario family law, misconduct during the marriage is generally not relevant to spousal support.

Support decisions focus on economic consequences, not moral blame. This means that support is not typically denied simply because a spouse was unfaithful or caused the breakdown of the marriage.

Common Situations Where Spousal Support May Be Limited Or Denied

While every case is unique, support may be denied or limited where:

Both spouses have similar incomes
The recipient spouse quickly becomes self-sufficient
There are no children and no career sacrifices
The marriage was brief, and finances remained separate
The payor lacks the financial ability to pay

In some cases, even if entitlement exists, the amount or duration may be modest.

The Role Of The Spousal Support Advisory Guidelines

Although not law, the Spousal Support Advisory Guidelines are often used to help determine the range of support amounts and duration once entitlement is established.

However, the Guidelines do not create entitlement. If entitlement is not proven, the Guidelines do not apply. This distinction is important when asking “When is spousal support denied in Ontario?”

Divorce lawyers often begin by assessing whether entitlement exists before calculating potential amounts under the Guidelines.

What Are Your Options If Spousal Support Is Denied?

If support is denied, you may still have options depending on your circumstances.

1. Review Financial Disclosure

Full and accurate financial disclosure is required in Ontario family law cases. If support was denied based on incomplete or inaccurate financial information, you may be able to revisit the issue.

2. Negotiate A Settlement

Even if a court might deny support, parties can agree to terms that work for both sides. A negotiated settlement may provide:

Time-limited support
A lump-sum payment
Property division adjustments

Creative solutions can sometimes address financial imbalance without ongoing monthly payments.

3. Seek A Variation If Circumstances Change

If support was denied because you were self-sufficient at the time, but your circumstances later changed, you may be able to bring a motion to vary.

Examples include:

Job loss
Illness or disability
A significant drop in income

Courts can reconsider support if there has been a material change in circumstances.

4. Consider Property Equalization

In Ontario, married spouses are entitled to equalization of net family property. Even if spousal support is denied, property division may provide financial relief.

For common-law spouses, property rights differ, but other legal remedies may exist depending on the facts.

Why Legal Advice Matters

Spousal support decisions are highly fact-specific. Two relationships of the same length can produce completely different outcomes depending on:

Income disparity
Childcare responsibilities
Career sacrifices
Health issues
The terms of any domestic contract

Family law divorce lawyers assess not just whether support is likely, but also how to strategically approach negotiations or court proceedings.

Understanding when spousal support is denied in Ontario can help you manage expectations and prepare for realistic outcomes. It can also help you avoid assuming that support is guaranteed or impossible.

When Is Spousal Support Denied and What Should You Do Next?

If you are separating and unsure about your rights, early legal advice is one of the most important steps you can take. Spousal support is denied when entitlement cannot be established under Ontario family law, when both spouses are self-sufficient, when the relationship was short without economic disadvantage, or when a valid agreement limits support.

At Kelly Jordan Family Law, we help clients understand both sides of the equation. Whether you are seeking support or concerned about paying it, informed guidance can protect your financial future and reduce unnecessary conflict.

Every situation is different. The right strategy starts with a clear understanding of your relationship history, your financial picture, and the legal principles that apply to your case.

Contact us online or call our Toronto offices at 416-849-5501 to schedule a consultation, so that we can provide the guidance and support you need.