When does spousal support end?

The short answer

Spousal support ends when your order or agreement says it does, or when a court changes it. In Canada nothing ends it automatically: a recipient's new partner or a payor's retirement can lead to a review, but outcomes depend on the facts. Several US states end alimony on the recipient's remarriage or the payor's death, and some on cohabitation or retirement. Do not stop paying without a new agreement or order.

People search "when does spousal support end?" for opposite reasons. Payors want to know when they can stop. Recipients want to know whether a new relationship, a pay rise or the other person's retirement will put their income at risk. The honest answer is the same for both: it depends on what your order or agreement says, on the law where you live, and on the facts when the question comes up.

This guide explains how spousal support usually ends in Canada and the US, and what to write into an agreement so the end is clear. It is general information, not legal advice. Family law differs by province and state, so check your own situation with a lawyer where you live.

Start with your order or agreement

Most support ends in one of three ways, and your document will usually say which applies:

A fixed end date (time-limited support).
A specified event, such as the recipient remarrying, finishing a program of study, or the payor retiring.
No end date, often with a review clause that sets a date or event when support will be looked at again.

Steps to Justice, Ontario's public legal information service, gives examples: an agreement might say support ends when the recipient remarries, when the payor retires, or when the recipient gets a degree or diploma. It might also set a review date, or say support will be reviewed when child support ends. If your agreement does not deal with a change, you can negotiate a new agreement.

Canada: how long support usually lasts

Most Canadian lawyers and judges use the Spousal Support Advisory Guidelines (SSAG) to estimate amount and duration. They are advisory, not law, but widely used.

No dependent children

Under the SSAG's without-child-support formula, duration ranges from 0.5 to 1 year for each year of marriage. Support becomes indefinite (duration not specified) if the marriage lasted 20 years or more, or, where the marriage lasted at least five years, if the years of marriage plus the recipient's age at separation add up to 65 or more. That is the "rule of 65".

With dependent children

Under the with-child-support formula, initial orders are indefinite, subject to review and variation. The SSAG still gives "soft" time limits: the low end is when the youngest child starts full-time school, the high end is when the youngest finishes high school, or the length-of-marriage range if that is longer.

Legal Aid BC summarises it plainly: support often lasts between six months and one year for every year you were together, but after a long relationship, when the recipient is older, there may be no end date, and the end may be decided later, perhaps after the payor retires.

Indefinite does not mean permanent. It means no end date was set at the start. It can still be reviewed, varied or ended. See our spousal support guide and the SSAG glossary entry.

Canada: how support is changed or ended

Under section 17(4.1) of the Divorce Act, a court can vary a spousal support order only if there has been a change in the condition, means, needs or other circumstances of either former spouse since the order was made. Steps to Justice calls this a material or significant change and gives examples: the recipient now earns more, or the payor was also paying child support that has ended.

When a court varies support, section 17(7) says the order should, among other things, promote each spouse's economic self-sufficiency within a reasonable time, so far as practicable. Section 17(10) adds a guard rail: once support for a definite period has ended, a court can restart it only to relieve economic hardship arising from a change related to the marriage.

Review clauses

A review is different from a variation. The SSAG notes that the Supreme Court of Canada approved review orders in Leskun (2006) where there is genuine and material uncertainty at the time of the order, and that a review is only possible if the order provides for it and its conditions are met. The issues to be reviewed should be identified precisely, to avoid relitigating the whole case.

The recipient's new partner

This is the question payors ask most, and the law is less certain than people expect. The SSAG authors say plainly that remarriage or re-partnering of the recipient does affect support, but that there is little consensus in the cases. Remarriage does not mean automatic termination; support is often reduced or suspended, and sometimes terminated. Outcomes depend on:

Whether the support is compensatory (for career sacrifices made during the relationship) or non-compensatory (based on need).
The standard of living in the recipient's new household.
The length of the first marriage and the recipient's age.

The SSAG gives the two ends of the range. After a short-to-medium marriage, with a younger recipient receiving transitional, non-compensatory support, remarriage is likely to end support. Where an older recipient is receiving support after a long traditional marriage, remarriage is unlikely to end it, although the amount may be reduced.

The payor's new partner

According to the SSAG, the payor's remarriage or re-partnering usually is not grounds to reduce spousal support, apart from exceptional cases.

The payor's retirement

The SSAG Revised User's Guide devotes a chapter to retirement. Key points:

If the order or agreement is silent, retirement is usually a material change that can support a variation application.
Early retirement gets close scrutiny. The Guide treats retirement on a reduced pension, or before 65 without health or other special reasons, as early. If a court sees it as voluntary and not necessary or reasonable, support is likely to stay the same, or income may be imputed.
Write it in. Retirement can be named as a ground of review in an agreement or order, which avoids arguing about whether it is a material change.
Watch for double-dipping. Under Boston v. Boston (2001 SCC 43), where a pension has already been divided as property, support should where practicable come from income and assets that were not divided, with exceptions for hardship and need.

Our guide to pensions at separation explains how pension division works.

The US: state rules on remarriage, cohabitation and retirement

In the US, alimony is set by state law, and some states end it automatically on certain events. Three examples, read from the statutes:

California: Family Code section 4337 says that, unless the parties agree otherwise in writing, support ends on the death of either party or the remarriage of the recipient.
Massachusetts: general term alimony ends on the recipient's remarriage or either spouse's death. It shall be suspended, reduced or terminated if the payor shows the recipient has maintained a common household with another person for a continuous period of at least three months, and it ends when the payor reaches full retirement age, unless the court finds good cause otherwise. For marriages of 20 years or less, the statute caps duration at between 50% and 80% of the length of the marriage in months.
Florida: a court must reduce or terminate alimony on written findings that the recipient is in a supportive relationship, and may reduce or terminate it when the payor reaches normal retirement age and has retired or taken real steps to retire, after weighing factors set out in the statute.

Other states differ, sometimes a great deal, so check the law where your order was made. Our guide to alimony in the US covers types and duration.

What to write into an agreement

Most arguments about when support ends come from agreements that did not say. Consider covering:

The end date or ending events, stated precisely.
A review date or trigger, and exactly what will be reviewed.
What counts as cohabitation, if a new relationship is to affect support, and for how long.
Retirement: at what age it is a review event, and how pension income will be treated.
What happens when child support ends.
Annual income disclosure, so both of you can see changes coming.
Security, such as life insurance, if payments would stop on the payor's death.
A process: negotiation or mediation before court.

FairWell Separation Agreement Prep walks you through these terms before a lawyer reviews them, and the FairWell calculators give a first look at SSAG-style ranges.

Do not stop paying on your own

If you believe support should end, get a new agreement or a court order first. In general, an order stays in force until it is changed, and arrears can be collected through enforcement programs. See when your ex won't pay. If you are the recipient and expect a change, keep records and get advice early.

When to get professional help

Before you sign an agreement with no end date or review clause.
When a new relationship, retirement or the end of child support is on the horizon.
If you receive an application to vary or terminate support.

A mediator can often settle a review faster and more cheaply than court. The FairWell directory lists lawyers and mediators by province and state.

This guide is general information, not legal advice. Family law differs by province and state and changes over time.

Sources

Common questions

Does spousal support end automatically if my ex remarries?

In Canada, no. The SSAG authors say remarriage does not mean automatic termination, although support is often reduced, suspended or sometimes ended, depending on the type of support, the length of the marriage and the recipient's age. Some US states, including California and Massachusetts, end alimony on the recipient's remarriage unless the parties agreed otherwise.

What is the rule of 65 for spousal support?

It is a Spousal Support Advisory Guidelines rule for cases without dependent children. If the marriage lasted at least five years and the years of marriage plus the recipient's age at separation add up to 65 or more, the SSAG suggests support of indefinite duration, meaning no end date is set at the start. It can still be reviewed or varied later.

Can I stop paying spousal support when I retire?

Not on your own. In Canada, retirement is usually a material change if the order is silent, but early or voluntary retirement is closely scrutinised and income may be imputed. In some US states, such as Massachusetts, alimony ends at the payor's full retirement age unless a court orders otherwise. Get a new agreement or order before you stop.

My ex has moved in with a new partner. Can I reduce support?

Possibly, but it is not automatic in Canada and the result depends on the facts. In the US, some states, such as Massachusetts and Florida, have specific cohabitation or supportive-relationship rules. Gather evidence, check your agreement for a cohabitation clause, and get legal advice before acting.

Decide now how support will end

FairWell Separation Agreement Prep helps you set out support amount, review dates and ending events in a document a lawyer in your province or state can review. Preparation for professional review, not a substitute for it.

Start your separation agreement

This guide is general information for parents, not medical, psychological or legal advice. It draws on published research and guidance from recognised health and family justice bodies, listed under Sources. Every child and family is different. If you are worried about your child or yourself, talk to your family doctor or a qualified professional. FairWell can help you find one through the professional directory. How we write and check our guides.