CanadaHow does the court decide self-sufficiency in spousal support?
Courts decide self-sufficiency in spousal support by assessing each spouse’s conditions, means, needs, and circumstances under section 15.2 of the Divorce Act — with no fixed timeline, and prioritizing fairness over rigid self-sufficiency deadlines.
What the Law Says
The Divorce Act sets out the legal framework courts use to determine spousal support — including whether a spouse is self-sufficient — but does not define 'self-sufficiency' or impose a strict timeline.
Section 15.2 of the Divorce Act gives courts broad discretion to order spousal support after divorce. It requires judges to consider 'the conditions, means, needs and other circumstances of each spouse', including the length of cohabitation, roles during the relationship, and each spouse’s ability to become self-sufficient.
Importantly, the law does not require a spouse to become self-sufficient within a set number of years — nor does it treat self-sufficiency as an automatic endpoint. Instead, it frames self-sufficiency as one factor among many in achieving a fair and equitable outcome.
The Act also recognizes that economic disadvantage arising from the marriage or its breakdown may justify ongoing support — especially where one spouse sacrificed career opportunities to care for children or support the other’s advancement.
Statutory TextA court may order either or both spouses to pay spousal support, considering the conditions, means, needs and other circumstances of each spouse.
— Divorce Act, s. 15.2 — Spousal support order
What Courts Have Said
The Supreme Court of Canada’s landmark decision in Moge v. Moge clarified how courts should approach self-sufficiency — rejecting rigid timelines and affirming fairness as the central objective.
The Court held that spousal support should not be terminated solely because a spouse has had time to become self-sufficient; instead, courts must examine whether economic hardship persists due to the marriage’s breakdown — even 16 years later — and prioritize fairness over artificial deadlines.
What to Do
Gather evidence of your financial situation: income, assets, debts, employment history, and barriers to re-entering the workforce (e.g., caregiving responsibilities, health issues, lack of recent training).
Document how your role in the marriage affected your economic position (e.g., leaving work to raise children, supporting your spouse’s education or career).
Consult a family lawyer to assess whether your circumstances align with the Moge principles — particularly whether ongoing support is needed to address economic disadvantage.
If seeking variation of support, file a motion with the court and include updated financial statements and expert reports (e.g., vocational assessments) if available.
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.