Spousal support when you’re on OW or ODSP

This resource explains the rules about spousal support when someone is getting assistance from Ontario Works or the Ontario Disability Support Program.

Family law rules about spousal support

Family law says that in some situations your spouse has to support you financially even after your relationship has ended. This is called spousal support.

In family law, your spouse is someone of any sex or gender who you:

• are married to
• have been living with as a couple for at least 3 years
• have been living with in “a relationship of some permanence” and the two of you have a child together

Ontario Works (OW) and Ontario Disability Support Program (ODSP) use the family law definition of spouse in their rules about support payments. But they use a different definition of spouse when they decide if you qualify for money from OW or ODSP.

Spousal support and social assistance

You must give OW or ODSP information about your former spouses and any spousal support agreements. If you do not do this, OW or ODSP can refuse, reduce, or cut off your benefits.

Spousal support payments affect the amount of money you get from OW or ODSP. Your money from OW or ODSP is reduced by the amount of spousal support.

But this happens only if your spouse actually gives you the money they’re supposed to give you. If you do not get your spousal support payment, OW or ODSP will not reduce the money they give you.

Reporting spousal support

You must tell OW or ODSP if you get spousal support. If you get the same amount of spousal support as you got the month before, you do not have to report it.

But if your spousal support goes up or down, you have to tell OW or ODSP. You can do this:

• online through your MyBenefits account
• by filling out the form that OW or ODSP sends you each month to report changes to your income
• by giving your caseworker a copy of a new agreement or court order that shows the change.

If you did not get any spousal support for a month and do not believe you will get any more, you must:

• write an affidavit that says this,
• fill out a Declaration form, and
• fill out an Agreement to Reimburse form.

Talk to your caseworker about where to find these forms. And ask a community legal clinic if you need help.

Trying to get spousal support

You must make “reasonable efforts” to get any spousal support that you might be able to get. If you do not do this, OW or ODSP can refuse, reduce, or cut off your benefits.

Your efforts could include:

• getting legal advice
• applying to family court for a support order

You must tell OW or ODSP everything you did to try and get spousal support.

When you might not have to try to get support

Sometimes OW or ODSP may decide that you do not have to try to get spousal support for:

• a certain amount of time, or
• permanently.

Certain amount of time

OW or ODSP may decide you do not have to try to get spousal support for a certain amount of time if:

• you’re trying to find your spouse but cannot find them
• you cannot go to family court for medical reasons
• your spouse was violent towards you or your child
• your spouse cannot pay support, for example, because they’re a student or in jail
• your spouse is in another country where they cannot be forced to pay support under an Ontario court order

OW or ODSP will tell you how long you can stop trying for. It’s usually between 3 to 12 months. But it may be longer depending on your situation.

OW or ODSP reviews your case at the end of this time. But you must tell them if your situation changes.

Permanently

OW or ODSP can decide that you do not need to try and get support again. For example, they may do this if:

• you cannot find your spouse after a reasonably long search, for example, 2 years
• there’s an ongoing risk of your spouse being violent towards you or your child
• your spouse has died

OW or ODSP can ask for proof of your situation, for example, a death certificate. Or, to show that your spouse was violent, you might need a police report or a letter from a doctor.

You must tell them if your situation changes.

If you disagree with a decision

If you disagree with an OW or ODSP decision, you may be able to appeal to the Social Benefits Tribunal (SBT). The SBT can change the decision.

To appeal to the SBT, you must first ask OW or ODSP to give you:

• a decision in writing, and
• an internal review.

Usually, you must ask for an internal review within 30 days.

For more information about appealing a decision by OW, go to stepstojustice.ca/disagree-OW-decision.

And for information about appealing a decision by ODSP, go to stepstojustice.ca/disagree-ODSP-decision.

Get legal help

If you have questions about OW or ODSP rules or do not agree with a decision OW or ODSP makes, contact your local community legal clinic.

To find the clinic nearest you, visit Legal Aid Ontario‘s website or call them at 1-800-668-8258. For TTY, call 711.

Legal Aid Ontario may also be able to give you a certificate to get free legal advice about family law.

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February 2026