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.

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