Court File and Parties
CITATION: Piper v. Piper, 2026 ONSC 1982
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Kimberley Mabel Piper
Applicant
– and –
Robert James Piper
Respondent
Angela Livingstone, for the Plaintiff
Acting in person
HEARD: November 13, 2025
Justice Maria N. Sirivar
INTRODUCTION
1The parties agreed to have the outstanding issues in the Application determined through Binding Judicial Dispute Resolution (“JDR”) pursuant to Justice Audet's order dated May 19, 2025. They agree that spousal support and child support are payable by the husband to the wife. They disagree, however, on the quantum and duration of spousal support, child support arrears, and the appropriate special and extraordinary expenses (“section 7 expenses”). A hearing was held, and efforts to resolve the issues were unsuccessful.
2To address the issues, the following questions must be answered:
a. Did the parties' separation agreement, executed December 4, 2017 (the “Agreement”), resolve spousal support on a final basis?
b. If not,
i. What is the basis of the wife’s entitlement to spousal support?
ii. Should the wife share in the husband’s post-separation income increase?
iii. What is the appropriate quantum of spousal support?
iv. What is the appropriate duration of spousal support?
c. What, if any, child support arrears are owed by the husband?
d. Which, if any, expenses claimed by the husband are proper section 7 expenses?
UNDISPUTED EVIDENCE
The Relationship
3In 1998, the husband began cohabiting with the wife and her daughter from a previous relationship, Aron Alexandra Piper. The husband was 25, the wife was 21, and the child was two years old. The parties were married on June 6, 2000. The wife did not have a high school diploma or equivalent certification. In 2004, she left the workforce to relocate to Ottawa for the husband's employment. Their only child together, Ethan Elias Piper, was born on August 24, 2005.
4The wife remained out of the workforce following the move to Ottawa. The parties agreed that she would remain at home to care for the children. Ethan started school in 2011. In 2013, the wife obtained a grade 12 English credit, which was required for college programs.
5The husband enlisted in the Canadian Armed Forces (“CAF”) in October 1990. He advanced to the position of Warrant Officer. His income was sufficient to support the family and increased to $144,165 per year during the marriage.
Separation
6The parties separated on February 26, 2016, after approximately 18 years of cohabitation. They continued to reside together in the matrimonial home until December 2016, when the husband moved out. Erin was an adult, and Ethan was 10 years old. Although this Application was commenced in 2016, the parties executed the Agreement in December 2017, addressing all issues between them. The parties disagree as to whether spousal support was resolved on a final basis. However, they agreed on the following terms:
- Ethan would reside primarily with the wife and had parenting time with the husband two weekends a month, depending on the husband’s work schedule.
- The husband would pay monthly child support of $1313 beginning January 1, 2018, based on an annual income of “approximately $152,000.”
- Special and extraordinary expenses were to be shared on a 50/50 basis.
- Child support would be adjusted on June 1 of each year following the exchange of disclosure.
- Child support would be based on the previous year’s income.
- The husband would pay spousal support to the wife in the monthly amount of $3,200.
- The husband’s payment towards the mortgage and taxes for the matrimonial home would be deducted from the spousal support payment.
- There were no arrears of child support or spousal support at that time.
- The events that would lead to the termination of child support.
- The events that would lead to the termination of spousal support.
7Paragraphs 99 to 101 of the Agreement provide for the interim variation of spousal support in the event of a material change in circumstances. The parties did not agree on a timeline for a spousal support review. The agreement indicates that the husband believed the review should take place in 2020, and the wife in 2022. Ultimately, if they were unable to agree, the court would determine the issue.
8The husband paid $1,313 per month in child support until August 2023, when Ethan turned 18, in accordance with the Agreement. He also paid $3,200 per month in spousal support until September 2023, when he unilaterally reduced the amount to $2,990, which he continues to pay.
9The parties resolved the property issues, agreeing that the wife would receive $50,000 from the sale of the matrimonial home, less $11,000 (plus interest) she incurred on the joint line of credit following separation, $4,000 from savings, and a pension transfer of $179,668.
10In December 2017, the wife began working as a home cleaner, earning $17 per hour for a few hours a week. Her plan was to return to college in the fall of 2018, having already completed a year. She ultimately earned a college Diploma and secured a full-time position. Since September 23, 2021, she has been employed as a Frontline Crisis Worker at Nelson House. In 2024, her income was $55,541.
11After separation, the husband was promoted to Master Warrant Officer. He currently serves under an indefinite-term service contract that ends on August 21, 2028. He may retire at any time without penalty. He receives Veteran Affairs compensation for service-related injuries, including hearing loss and osteoarthritis. He is receiving treatment for a mild traumatic brain injury. His 2024 income was $207,234.
Procedural History
12By order dated November 15, 2018, Justice Audet directed that the issues of spousal support quantum and duration be determined at a half-day hearing to be scheduled in April or May 2019. The parties were not ordered to serve or file any further disclosure. The hearing was not scheduled as directed because the husband retained new counsel in February of 2019, raised disclosure issues and insisted that the hearing could not proceed without it.
13The hearing was then scheduled for February 25, 2021. The husband, however, retained new counsel, who indicated that he was not prepared to proceed on the scheduled date and that the matter did not appear urgent. In January 2025, the wife sought the court's guidance on how to proceed. It was determined that binding JDR could be scheduled.
14On May 26, 2025, the parties executed partial minutes of settlement (“Partial Minutes”), setting out the spousal and child support that the husband had paid. They also agreed to determine any child support arrears in accordance with the terms of the Agreement.
POSITIONS OF THE PARTIES
Wife
15The wife takes the position that the Agreement did not resolve the quantum or duration of spousal support on a final basis. She contends that the stipulated $3,200 was an interim amount because they were unable to arrive at an agreement. Accordingly, the wife submits that spousal support should be adjusted retroactively to January 1, 2018, and that ongoing spousal support should continue until February 2034. She seeks a spousal support award in the high range of quantum and duration, based on strong compensatory and non-compensatory claims, using the parties' income in the relevant years.
16The wife contends that child support should be adjusted retroactively to 2018 and terminate on August 24, 2023, when Ethan turned 18. She argues that the husband failed to adjust child support in accordance with the Agreement and should pay $7,836 in arrears.
17The wife submits that she was unable to return to the workforce during the marriage, when Ethan started school, because the husband refused to provide financial support. She worked part-time for a short period to save for tuition, but was unable to continue due to childcare obligations, as the husband travelled frequently for work. The husband was not supportive as a co-parent, according to the wife, and all the childcare responsibilities fell to her.
18The wife argues that following separation, she went to considerable lengths to retrain and find stable employment. She was, however, limited by her lack of financial means and childcare responsibilities, which forced her to pause her education. Ethan was only in the husband’s care two weekends each month, scheduled around his work.
19The wife contends that, although she ultimately managed to retrain and secured full-time employment, she faced significant financial hardship that continues to this day. She had no income immediately after separation and used the joint line of credit and credit cards to cover basic needs. Spousal support she received while the husband paid the mortgage and property taxes was reduced to $500 per month after the expenses were deducted. She then repaid the line of credit from her share of the proceeds of the sale of the matrimonial home.
20She submits that she was forced to secure student loans to finance her education, and she incurred considerable debt to the Canada Revenue Agency (“CRA”) due to her inability to keep up with payments on the taxable spousal support income. She is still making payments towards her credit card, student loan and CRA debt. Conversely, according to the wife, the husband’s career remained uninterrupted following separation, as he was unencumbered by childcare obligations. He continued to travel frequently for work, and his income increased.
Husband
21The husband takes the position that the Agreement resolved spousal support on a final basis. The wife’s entitlement to spousal support is limited to $3,200 per month payable until October 2023, as set out in the Agreement, and $2,990 per month from September 2023 until November 17, 2025. In the alternative, spousal support should be terminated using a step-down schedule commencing on December 2, 2025, and continuing until February 2028. The quantum should be reduced to $2,195 per month, which represents the mid-range based on his income prior to separation.
22In support of his position, the husband points to the following:
- This approach reflects his approaching retirement and possible medical release.
- The wife is financially independent and has accumulated assets of $233,688.
- The wife plans to relocate to a province with a lower cost of living, to which their adult daughter will contribute.
- He has consistently complied with all obligations for over nine years. Continued spousal support is neither necessary nor equitable.
- He is nearing retirement, and he may be medically released from the CAF, each of which constitutes a material change in circumstances warranting a reassessment of the spousal support obligation.
- The wife failed to provide the necessary financial disclosure.
- The post-separation increases in his income should not be used to determine spousal support. His military career began 10 years prior to marriage, and his income grew after separation because of his initiative and effort, with no contribution from the wife.
23With respect to child support, the husband argues that any arrears should be set off by the $12,792.71 in section 7 expenses he incurred from 2016 to 2024 as follows:
- Summer camp $324.59 in April 2016
- Summer camp $157.35 in April 2017
- High school athletic fee of $190.00 in September 2019
- Driver education expense of $847.50 in May 2023
- Vehicle and related expenses in the total amount of $11,273.27 in April 2024
24The husband submits that the wife has frequently violated the terms of the Agreement by restricting parenting time, failing to share disclosure, and disregarding parental responsibilities.
LAW AND LEGAL PRINCIPLES
25Section 30 of the Family Law Act1 mandates that each spouse must support themselves and the other spouse according to their needs and capacities. The authority to make spousal support orders, whether as a lump sum or periodic payments, is derived from section 15.2(1) of the Divorce Act.2 The goal of a spousal support order is to acknowledge any financial advantages or disadvantages resulting from the marriage or its dissolution, to mitigate financial hardship caused by the separation, and to facilitate each spouse's attainment of financial independence within a reasonable period.
Entitlement
26Entitlement to spousal support can be based on compensatory, non-compensatory or contractual grounds. It is critical for the court to determine all grounds for entitlement, as the basis may significantly affect the quantum and duration of spousal support.3
27Compensatory support seeks to ensure the equitable distribution of the economic consequences of marriage by providing some compensation for financial losses or disadvantages incurred by the recipient spouse. The disadvantages may result from the roles spouses assume during marriage, separation, or the economic benefits one spouse derives from the sacrifices and contributions of the other. A compensatory award also acknowledges that sacrifices, contributions, and benefits often lead to interdependence between spouses and a blending of their economic lives.4
28Non-compensatory support aims to narrow the gap between the spouses’ means and needs, thereby relieving economic hardship and promoting self-sufficiency. It is also premised on the notion that marriage is an interdependent union. As such, the burden of meeting the needs of a disadvantaged spouse should fall on the former spouse, rather than on the state.5
Quantum and Duration
29Once entitlement to spousal support is established, the court may use the Spousal Support Advisory Guidelines (the “SSAG”) as a starting point to assess the quantum and duration of spousal support.6 In compensatory cases, the quantum ought to reflect the economic disadvantages and advantages flowing from the marriage. Similarly, the duration should be commensurate with the time required to address those consequences, even if the recipient has reached a degree of self-sufficiency. Consequently, a strong compensatory claim suggests support in the higher end of the ranges for both quantum and duration of support.7
30Non-compensatory claims will generally merit awards at the lower end of the range. In such cases, spouses are expected to become financially independent or adjust their standard of living to their means. The purpose of the award is to provide a transition from the higher marital standard of living.8
31The payor spouse’s need and ability to pay are also important considerations. A recipient spouse is not, however, automatically entitled to an increase in spousal support based on a payor spouse's post-separation increase in income. The determination of whether there should be any sharing of incoming increases, and if so, the extent of any such sharing, must take place within the framework of the general spousal support objectives and factors set out in the relevant legislation.9
[32] Spousal support will not be varied based on retirement where the planned retirement is speculative or where the financial disclosure or other evidence is not yet available. The support payor must provide evidence that the planned retirement is a certainty and sufficient evidence to calculate the party's income and assets after retirement.10
ANALYSIS AND CONCLUSION
Did the Agreement resolve spousal support on a final basis?
33I find that the Agreement did not resolve spousal support on a final basis based on the following from the text of the Agreement:
- Paragraph 3 provides that headings form part of the Agreement insofar as they may be useful in clarifying ambiguities in its provisions.
- The section related to spousal support is titled “Interim Spousal Support”.
- Subparagraph 4(j) states that all issues are settled on a final basis, except for spousal support, “which is settled on an interim basis only”.
- Paragraph 94 states that the husband is to pay spousal support commencing January 1, 2018, on an interim basis.
- Paragraph 96 stipulates that the quantum of spousal support is to be resolved by court order or further agreement.
34I agree with the wife that it is appropriate to determine spousal support payable by the husband beginning January 1, 2018. Spousal support must also be reviewed for 2022 and 2023, as there was a material change in circumstances in each year. Specifically, the wife worked full-time after retraining in 2022, and the husband stopped paying child support in 2023 after Ethan turned 18 on August 24.
What is the basis of the wife’s entitlement to spousal support?
35Although the parties agreed that the wife is entitled to spousal support, the Agreement does not specify the basis of her entitlement. I find that the wife has established an entitlement to spousal support on both compensatory and non-compensatory bases. In so concluding, I rely on the following undisputed evidence:
- The parties cohabited for approximately 18 years.
- The wife left the workforce to move to Ottawa for the husband’s employment in 2004.
- The wife remained largely out of the work force and was the primary caregiver for the two children, one of whom had challenges requiring additional attention and effort.
- The husband’s employment required considerable travel that was unpredictable.
- The wife had limited education and work experience.
- The parties acknowledged in subparagraph 4(g) of the Agreement that during the marriage, the wife stayed at home to look after Ethan and Erin and to support the husband in his career.
- The wife was unable to work or significantly upgrade her education because she was primarily responsible for caring for the children and the home.
- Although the wife received financial assets valued at $233,688, a significant portion of her share of the proceeds of the sale of the matrimonial home was used to repay the debt she incurred on the joint line of credit to pay basic expenses following separation. Additionally, the equalization payment she received, 77% of the total property settlement, was made with an illiquid pension transfer.
- From February 2016 to November 2025, Ethan resided primarily with the wife.
- The wife faced significant barriers because of childcare responsibilities and financial constraints following separation, which delayed her ability to retrain and work full-time.
- In paragraph 43 of the Agreement, the parties agreed to arrange the husband’s parenting time at the beginning of each month based on his work schedule because it varied from month to month.
- In paragraph 46 of the Agreement, the parties acknowledge that, given the nature of the husband’s job, he may be deployed with very short notice. They agreed to be “supportive and flexible” regarding the husband’s career.
Should the wife share in the husband’s post-separation income increase?
36I find that the wife is entitled to share in the husband’s post-separation income increase. There is a strong compensatory element to her spousal support claim that is grounded, in part, on the efforts and contributions she made to the husband’s career advancement during the relationship and after separation.
37She left the workforce to relocate for the husband’s job and remained out of the workforce to care for the children and support the husband in his career. The wife continued to bear most of the caregiving responsibility for Ethan after the separation and remained flexible with respect to scheduling the husband’ parenting time and supportive of his career. This enabled the husband to focus on his career, including being responsive to the unpredictable schedule, extensive travel and last-minute deployments.
What is the appropriate quantum of spousal support?
38I find that the appropriate quantum in each of the relevant periods is at the high range of the SSAG using the parties' income at the relevant time for the following reasons:
- The wife’s compensatory claim is strong for the reasons described above.
- The wife cared for two children during the marriage. One child was 10 years old at separation and had high needs.
- It reflects the economic disadvantages caused by the caregiving role the wife assumed, which prevented her from being in the workforce and improving her education.
- It reflects the economic advantages the husband gained from the wife’s contributions and sacrifices during and after the relationship.
- It provides appropriate financial compensation for the wife’s financial losses and provides a sharing of the financial benefits derived by the husband from the wife’s contributions and sacrifices.
40The husband shall pay spousal support to the wife in accordance with the following table:
| Start Date | Husband’s Income | Wife’s Income | Spousal Support | Child Support |
|---|---|---|---|---|
| January 1, 2018 | $161,010 | $4,544 | $4,372 | With |
| September 1, 2021 | $184,379 | $52,087 | $3,298 | With |
| September 1, 2023 | $207,764 | $55,327 | $4,573 | Without |
40Spousal support arrears for the period beginning January 1, 2018, and ending November 30, 2025, total $104,579 as calculated in the following table.
| Year | Month | Amount Payable | Amount Paid | Monthly Arrears | Total Arrears |
|---|---|---|---|---|---|
| 2018 | Jan - Dec | $4,544 | $3,200 | $1,344 | $16,128 |
| 2019 | Jan - Dec | $4,544 | $3,200 | $1,344 | $16,128 |
| 2020 | Jan - Dec | $4,544 | $3,200 | $1,344 | $16,128 |
| 2021 | Jan - Sep | $4,544 | $3,200 | $1,344 | $12,096 |
| 2021 | Oct - Dec | $3,298 | $3,200 | $98 | $294 |
| 2022 | Jan - Dec | $3,298 | $3,200 | $98 | $1,176 |
| 2023 | Jan - Aug | $3,298 | $3,200 | $98 | $98 |
| 2023 | Sep | $4,573 | $3,200 | $1,373 | $1,373 |
| 2023 | Oct - Dec | $4,573 | $2,990 | $1,583 | $4,749 |
| 2024 | Jan - Dec | $4,573 | $2,990 | $1,583 | $18,996 |
| 2025 | Jan - Nov | 4,573 | $2,990 | $1,583 | $17,413 |
What is the appropriate duration of spousal support?
39I agree that the wife is entitled to spousal support for a duration at the high end of the SSAG range, 8 to 18 years. I find that a duration of 15 years is appropriate, with spousal support ending on February 1, 2031. In addition to the reasons set out above in paragraph 37 regarding quantum, I rely on the following:
- The parties continued to be interdependent until the child became an adult because the wife bore the majority of the childcare responsibility so that the husband could focus on his career.
- The negative economic consequences of the marriage and its breakdown experienced by the wife are ongoing as she continues to repay the debt she incurred because of and following the separation.
- The wife has not been adequately compensated for her contributions and sacrifices during and after the marriage.
- The husband’s retirement and possible medical release are speculative and unsubstantiated.
40As of November 2025, the parties have been separated for nine years. It is only now that the wife is unencumbered by the roles she assumed in the family. Six additional years of spousal support will properly compensate her for the contributions and sacrifices she made during the marriage and over the past nine years. As a result, she will be well positioned to overcome the economic consequences of the marriage she has struggled with since separation, including paying off credit card debt, student loans, and CRA debt.
What, if any, child support arrears are owed by the husband?
41There is no dispute regarding the calculation of child support arrears. The parties executed Partial Minutes, agreeing to determine the child support arrears in accordance with the Agreement, which contemplated adjustments for the exchange of disclosure. The husband does not dispute the fact that child support was not adjusted after January 2018. Rather, he seeks to offset the section 7 expenses he claims against the arrears.
42I find that the table child support arrears from June 1, 2018, to August 31, 2023, are $9,873 as set out in the following table.
| Adjustment Year11 | Husband’s Income12 | Table Amount | Amount Paid | Monthly Discrepancy | Annual Discrepancy |
|---|---|---|---|---|---|
| 2018 | 163,010 | $1411 | $1313 | $98 | $1,176 |
| 2019 | $161,994 | $1,418 | $1,313 | $105 | $1,260 |
| 2020 | $167,287 | $1,458 | $1,313 | $145 | $1,740 |
| 2021 | $166,156 | $1,450 | $1,313 | $137 | $1,644 |
| 2022 | $183,532 | $1,582 | $1,313 | $269 | $3,228 |
| 2023 | $184,379 | $1,588 | $1,313 | $275 | $825 |
Which expenses claimed by the husband are special and extraordinary expenses?
43For the husband's expenses to be proper section 7 expenses, they must have been incurred between December 4, 2017, and August 24, 2023, because the parties agreed to temporal parameters. The Agreement stipulates in paragraph 102 that no retroactive child support was claimed or owed by either party. Similarly, the parties agreed that child support would end on August 24, 2023, when Ethan turned 18.
44Of the $12,792.71 claimed, only $1,037.50 of the expenses qualify. Specifically, the high school athletic fee of $190.00 and driver education expense of $847.50 incurred in September 2019 and May 2023, respectively, are proper section 7 expenses to which the wife must contribute $518.75 (50% of the cost), in accordance with the Agreement.
45The summer camp expenses in 2016 and 2017 were incurred before the Agreement was executed. Similarly, vehicle expenses were incurred in April 2024, after the husband stopped paying child support when Ethan turned 18. As such, they cannot serve to offset the child support arrears.
46The orders made will follow under separate cover.
Justice Maria N. Sirivar
Released: April 2, 2026
CITATION: Piper v. Piper, 2026 ONSC 1982
COURT FILE NO.: FC-16-1684
DATE: 2026-04-02
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Kimberley Mabel Piper
Applicant
– and –
Robert James Piper
Respondent
Angela Livingstone,
for the Applicant
Acting in person
REASONS FOR JUDGMENT
Justice Maria N. Sirivar
Released: April 2, 2026
Footnotes
- R.S.O. 1990, Chapter F.3.
- R.S.C., 1985, c. 3 (2nd Supp.).
- Bracklow v. Bracklow, 1999 715 (SCC), [1999] 1 SCR 420 [Bracklow] at para 37; Cassidy v. McNeil, 2010 ONCA 218 at para 64.
- Bracklow, supra.
- Bracklow, supra at para 23.
- Fisher and Fisher, 2008 ONC 811 [Fisher] at para 103; McKinnon v. McKinnon, 2018 ONCA 596 at para 24.
- Wharry v. Wharry, 2016 ONCA 930 at para 95; Allaire v Allaire (2003), 2003 26263 (ON CA), 35 RFL (5th) 256 at para 22 (Ont CA).
- Fisher, supra at paragraph 55.
- Kinsella v. Mills, 2020 ONSC 4785 at para 431.
- Schulstad v Schulstad, 2017 ONCA 95 at para 21 - 28.
- The parties agreed that following the child support adjustment, the new payment would begin on June 1.
- The parties agreed that the previous year’s income would be used to calculate child support.