3. Learn about when you do not have to try to get spousal support

The general rule is that the Ontario Disability Support Program (ODSP) can require you to make “reasonable efforts” to get spousal support if you might be able to get it.

If you cannot find your spouse

You may not have to try to get spousal support, if after some time, for example 2 years:

• your spouse has not had contact with you, and
• no one can find them.

But if you have any information that could help find your spouse, you must give this to ODSP.

Other reasons

There are some other times when you may not have to try to get spousal support. For example:

• you cannot go to family court for medical reasons
• your spouse:
  • is violent towards you or your child
  • cannot pay any support right now, for example, because they're in jail
  • is in another country where they cannot be forced to pay support that a court in Ontario ordered them to pay

In situations like these, ODSP should decide that you do not have to try to get spousal support.

But they will review their decision, usually in 3 to 12 months. They should tell you when they plan to review it.

When ODSP reviews their decision

When ODSP reviews their decision, if things are the same, they may decide that you still do not have to try to get spousal support.

Or, they might give you a date when they'll do another review.

But ODSP can also decide that they do not need to review your situation. For example, they might do this if:

• no one can find your spouse after searching for what ODSP considers to be “a reasonably long time”
• there's an ongoing risk of your spouse being violent towards you or your child

ODSP can ask you for proof of your situation. For example, to show that your spouse was violent, you might need to get a police report or a letter from a doctor or counsellor.