Going through a separation or divorce is hard enough, but when your ex moves out of the province—or even out of the country—it can leave you wondering how spousal support payments are supposed to work.
Living in different provinces or countries doesn’t mean spousal support orders stop being valid. Thanks to enforcement agreements between Ontario and many other jurisdictions there are clear processes in place to help ensure that support payments continue.
Whether you’re the one paying or receiving support, it’s important to understand how Ontario handles these situations, what your options are, and how a family law lawyer can support you throughout the process, no matter where your ex lives.
Spousal Support Orders Across Provinces and Countries
In Ontario, spousal support orders are typically enforced through the Family Responsibility Office (FRO) unless you and your ex can come to an amicable agreement. This provincial government agency is responsible for collecting, distributing, and—if necessary—enforcing court-ordered child and spousal support payments. Once a judge issues a support order, it’s automatically filed with the FRO, which then oversees the process. A family law lawyer can walk you through the process and help you file any paperwork necessary.
The province of Ontario has arrangements in place to make sure support orders don’t just stop working because someone moved. These are called reciprocating jurisdiction agreements. Ontario has these agreements with:
- All Canadian provinces and territories
- All 50 U.S. states
- Over 55 other countries around the world
If your ex lives in any of these areas, you’re still able to have a support order made, changed, or enforced without having to travel to where they live. You simply work with the court and the FRO in Ontario, and they coordinate with their counterpart agency in the other jurisdiction. This process ensures payments can still be tracked, collected, and enforced properly.
For example, if you live in Ontario and your ex has moved to Alberta, California, or even the U.K., as long as those places are on the reciprocating list (which they are), you can still seek support or changes to existing orders.
If the jurisdiction your ex has moved to is part of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, there are specific forms and procedures you’ll need to follow. Ontario provides information and resources about the process, including which jurisdictions are part of the treaty, but working with your family law lawyer can make it much easier on yourself as they can explain every step and document needed as you work through any issues that might arise.
If your ex has moved somewhere outside Ontario that is not a reciprocating jurisdiction, things get more complicated. In that case, it’s strongly recommended that you get your family law lawyer involved to find out what options are available for pursuing or modifying a support order under the laws of that region.
What If Your Ex Lives in the U.S.?
Since Ontario and the entire United States are reciprocating jurisdictions, support orders between the two are fully enforceable. But there’s another important piece to be aware of: tax implications.
Before 2019, both Canada and the U.S. treated spousal support in a similar way: the person paying the support could deduct it from their income, and the person receiving it had to report it as income. However, the U.S. changed its tax laws. Now, for all support orders made after December 31, 2018, U.S. citizens no longer claim spousal support as income—and the person paying it in the U.S. can no longer deduct it.
For Canadians paying spousal support to a former spouse who now lives in the U.S., this means there’s a potential tax mismatch. The Canadian payor might still be eligible to deduct the payment on their taxes (based on Canadian rules), but the U.S. recipient no longer declares it as income under their country’s law. This could lead to some tax planning advantages for the Canadian payor—but it’s important to get professional legal or tax advice before assuming anything, especially when international laws are involved.
Why Support From a Family Law Lawyer Matters
Even when support orders cross borders, they remain legally binding—but the enforcement process can be different depending on where the other person lives. A Family Law lawyer can help you:
- File the correct paperwork with the court or FRO
- Work through the specific rules of international enforcement
- Update or change an existing support order
- Understand your tax obligations as a payor or recipient
If you’re trying to change a support order, start a new one, or you are having trouble with enforcement because your ex lives abroad, you need to work with a family lawyer familiar with inter-jurisdictional support laws. They can guide you through the paperwork, deadlines, and cross-border complications that might apply to your situation.
Trying to manage it all alone can be stressful, especially when you’re dealing with different legal systems. Having the right legal team on your side can make all the difference.
Dealing With A Cross-Border Spousal Support Issue? Don’t Go It Alone, Work With The Experienced Lawyers At Scharff Nyland Chambers LLP
If you’re facing a spousal support issue—whether your ex lives in another Canadian province or in another country—Scharff Nyland Chambers LLP is here to help. Our experienced Family Law team understands both the legal and emotional aspects of these cases and can guide you through every step of the way, from filing to enforcement.
Our skilled family law lawyers work in the GTA, Simcoe, and Grey Counties through our offices in Barrie, Toronto, Wasaga Beach, and Collingwood. It’s easy to set up an appointment through our website, or you can call us directly at 1-866-721-5851. Get the clarity and support you need to move forward confidently. It’s why we are here.
***The information provided in this blog is for general informational purposes only and should not be construed as legal advice. If you have legal questions, we strongly advise you to contact us.
