CanadaAm I entitled to spousal support even if the marriage was short and I can work?
Yes, you may still be entitled to spousal support even after a short marriage and if you can work — courts consider need, means, and circumstances, not just length of marriage or employment status.
What the Law Says
The federal Divorce Act sets out the legal test for spousal support — it does not require a long marriage or proof of economic disadvantage to qualify.
Under section 15.2 of the Divorce Act, a court may order spousal support based on "the conditions, means, needs and other circumstances of each spouse." This means your income, living expenses, health, age, roles during the marriage, and ability to become self-sufficient are all relevant — not just how long you were married or whether you’re currently employed.
The law does not set a minimum marriage length for support eligibility. Even in short marriages, support may be awarded if one spouse has a genuine need and the other has the means to pay — especially where there’s a significant disparity in income or where one spouse took on caregiving or other roles affecting their economic situation.
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 confirmed that spousal support can be awarded purely on the basis of need — even without economic loss tied to the marriage.
The Court recognized three bases for spousal support: compensatory (for economic disadvantages from the marriage), contractual (based on agreements), and non-compensatory (needs-based). It held that support may be awarded solely because one spouse is in need and the other has the capacity to pay — regardless of marriage length or fault.
What to Do
Gather financial documents (income, debts, living expenses, assets) for both you and your former spouse.
Consider whether your need is real and ongoing — e.g., lower income, health issues, caregiving responsibilities, or barriers to full-time work.
Consult a family lawyer to assess whether your situation fits the 'needs-based' or other support grounds under Bracklow and s. 15.2.
If negotiating or going to court, clearly explain how your circumstances (not just job status or marriage length) justify support.
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.