How Long Do You Have to Be Married to Get Spousal Support?
- nichollealtitudeb2
- Jun 9
- 6 min read
Updated: Jun 10
When couples go through a divorce, one of the most common questions is: Do I have to be married for a certain amount of time before I can ask for spousal support?
The short answer is: There’s no minimum number of years you must be married to qualify for spousal support under Canada’s Divorce Act. However, the length of the marriage plays a role in whether support will be awarded, and how much.
A recent case in Ontario shows just how important this factor can be, especially in short marriages. In this post, we’ll explain what the court looked at, why the spousal support claim was denied, and what you should know if you’re going through a divorce.
The Case: A 14-Month Marriage and No Spousal Support
In the case of Nijher v. Dhaliwal, 2024 ONSC 1591, the parties got married in May 2018 and separated less than 14 months later in July 2019. There were no children of the marriage. The Applicant husband commenced a simple divorce. The Respondent wife filed a contested divorce seeking several claims including spousal support, equalization and damages for alleged intentional infliction of mental distress.
The Applicant husband was born in Brampton in 1990 and obtained a Bachelor of Computer Science degree. During the marriage, he was a senior business analyst and then a manager at Aviva. The Respondent wife was born in India in 1994 and obtained a B.Sc. in India in 2015. In July of 2016, she moved to British Columbia to pursue a master’s program in administrative science which she completed in April of 2018, shortly before the parties got married. In 2019, the Respondent began a program as an immigration consultant at Humber College, completed in September of 2020.
During the marriage, the Respondent worked as a Business Development manager earning $40,000.00 and then became a payroll administrator. During the marriage, she also learned how to drive and obtained full driver’s licensure. At the time of separation, the Respondent’s annual income was $62,000.00 and the Applicant was 113,000.
There are three grounds for entitlement to spousal support:
Compensatory – in recognition of economic sacrifices from the relationship or spousal roles
Needs – inability to support a reasonable standard of living
Contractual – an agreement to provide support, e.g. marriage contract or sponsorship agreement.
One of the primary objectives of spousal support is to assist the other spouse attain self-sufficiency. The court re-iterated the law on self-sufficiency and needs based claims:
“Self-sufficiency…is not achieved simply because a former spouse can meet basic expenses on a particular amount of income; rather, self-sufficiency relates to the ability to support a reasonable standard of living. It is to be assessed in relation to the economic partnership the parties enjoyed and could sustain during cohabitation…Thus, a determination of self-sufficiency requires consideration of the parties' present and potential incomes, their standard of living during marriage, the efficacy of any suggested steps to increase a party's means, the parties' likely post-separation circumstances, the duration of their cohabitation and any other relevant factors.”
At trial, the Respondent claimed support on all three bases. It was her position that the Applicant;
“callously abandoned” her after she gave up her social and family ties in B.C. to marry him;
She had better career and business prospects in BC and;
That 25 was culturally the appropriate age to get married, which had now been ruined by the relationship and separation.
The court dismissed her spousal support claim, finding that the Respondent provided no evidence of lost opportunities in BC or a significant change in her standard of living.
The Court considered the fact that the Applicant signed a Sponsorship Agreement which obligated him to provide basic support to the Respondent for 3 years. The court found that this was a relevant piece of evidence. However, it noted that sponsorship agreements cannot impose obligations greater than those imposed by the family law. Considering the length of the relationship, increase in the Respondent’s assets, the Applicant’s contributions to her health and dental coverage, the Respondent’s self-sufficiency, the income of the parties at the time of separation, the court found that the obligation to support her had been satisfied from a family law perspective.
This case highlights two key points in family law:
Spousal support is rare in very short marriages unless there’s strong proof of financial harm.
Courts look closely at whether each spouse can support themselves after the relationship ends.
How Does Marriage Length Affect Spousal Support?
Under the Divorce Act, there’s no automatic rule like “you must be married for five years” or “ten years” to get spousal support.
Instead, judges consider several factors, including:
Did one person depend on the other financially during the marriage?
Did someone give up work, education, or job opportunities because of the relationship?
Can both spouses support themselves now that they’re separating?
Was there an agreement between them (like a sponsorship agreement or a cohabitation contract)?
In short marriages, courts are especially focused on these issues. If there is no clear financial loss or long-term dependency, support is unlikely.
Why the Court Said No in This Case
Let’s break down the reasons behind the decision:
1. No Real Financial Dependence
The woman in this case earned more by the end of the marriage than when it started. She made $62,319 in 2019, up from her pre-marital income.
She also completed a college program during the marriage, which improved her job prospects. That indicated to the court that she was not dependent on her ex-husband, financially.
Even though they shared housing and some expenses, that alone was not enough to create a lasting financial obligation.
2. She Could Support Herself After the Split
After the separation, her income kept rising. That convinced the court she could manage on her own without needing ongoing help from her ex.
Judges do not usually order long-term support in cases where both people are capable of earning their own living, especially after a short marriage.
3. No Proof of Career Sacrifices
She claimed she gave up job opportunities in British Columbia to move in with him, but she did not provide any evidence to back that up. There were no job offers, no business plans, nothing to prove she lost money because of the relationship.
Without solid proof, the court could not justify ordering spousal support based on lost income or financial disadvantage emanating from the relationship.
When Can Someone Get Spousal Support in a Short Marriage?
Just because a marriage was short does not mean support is always off the table. The court may still award it in situations like:
One spouse put their career or education on hold to support the other, for example, moving cities, so the other could take a job.
There is a big difference in income, and the lower-earning spouse needs temporary help getting back on their feet.
There is a formal agreement, like immigration sponsorship, that includes a legal duty to support the other person for a set period, which obligation has not otherwise been satisfied from a family law perspective.
Where there are significant childcare obligations that limit a parent’s ability to work.
So, while it is harder to get support after a short marriage, it is not impossible if you can show a real financial impact.
What You Should Do If You’re Facing a Spousal Support Issue
Whether you’re asking for support or defending against a claim, here are practical steps to protect your rights:
1. Talk to a Family Law Lawyer Early
An experienced family law lawyer or spousal support lawyer can help you understand your chances, identify gaps in your case, avoid mistakes and present your case – focused on relevant facts and evidence. They can also help negotiate a fair settlement and avoid you ever stepping into court.
2. Keep Detailed Records
Save everything related to:
Income and expenses
Career changes or job losses
Texts, emails, or agreements with your ex
Medical or mental health reports, if relevant
Immigration records, if applicable
These documents can make a difference in your case.
3. Try to avoid taking on Complex Cases without Professional Support
Spousal support is not just about who feels more hurt. It is about demonstrating significant financial disadvantages or justified dependency. Without legal help, it is easy to miss key requirements or put the wrong foot forward.
So, what’s next?
The Smith v. Johnson case is a reminder that spousal support after a short marriage is challenging to get, but not out of reach in deserving circumstances.
If you are going through a divorce, do not leave your financial future to chance. If you are seeking spousal support, working with an experienced family law lawyer helps ensure your rights are protected, and that your case is made and presented on the pillars of strong and relevant facts.
At Michael Iyore Law, we help clients understand their options, prepare strong cases, and fight for fair outcomes. Contact us today to schedule a consultation and learn how we can support you through this difficult time.
Disclaimer: This article provides general information only and does not replace personalized legal advice. For help with your specific situation, speak to a licensed family law lawyer.
