CanadaDoes child support take priority over spousal support?
Yes, child support takes legal priority over spousal support in Canada under the Divorce Act.
What the Law Says
The federal Divorce Act sets a clear legal hierarchy when both child and spousal support are claimed in divorce proceedings.
Under Canadian family law, courts must prioritize the financial needs of children over those of former spouses. This reflects the principle that children’s well-being is paramount and non-negotiable.
The rule applies specifically in divorce cases governed by the federal Divorce Act — not provincial family law statutes (though many provinces align with this priority in practice).
Statutory TextWhere both child and spousal support are claimed, the court shall give priority to child support.
— Divorce Act, s. 15.3 — Priority of child support
What to Do
If you’re applying for both child and spousal support in a divorce, ensure your claim clearly identifies both and supports the child support amount with up-to-date income information and the Federal Child Support Guidelines.
Provide complete financial disclosure for both parties — courts will assess child support first, then consider spousal support only after meeting the child’s needs.
If spousal support is denied or reduced due to limited income after child support is set, that outcome flows from the statutory priority — not judicial discretion.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.