When a payor dies, support payments stop — unless you have secured them with life insurance. Learn how Ontario courts order and enforce life insurance as security for spousal and child support.
Ontario courts have the authority to order a payor to maintain life insurance naming the support recipient as beneficiary, in an amount sufficient to cover the present value of outstanding support obligations. This protection can be included in a separation agreement or obtained through a court order under the Family Law Act or Divorce Act.
Support obligations do not automatically survive the payor's death. Without life insurance security, a recipient may be left with nothing.
Spousal support obligations generally terminate on the death of the payor. Without insurance, the recipient loses their income stream entirely.
Even if the payor has an estate, it may be encumbered by debts, other beneficiaries, or insufficient assets to cover years of future support.
A life insurance policy naming the recipient as beneficiary ensures the present value of future support is available regardless of when the payor dies.
The court first determines the amount and duration of spousal or child support payable.
The present value of the total support obligation is calculated — this becomes the minimum insurance coverage required.
The court orders the payor to obtain and maintain a life insurance policy in the required amount, naming the recipient as irrevocable beneficiary.
The payor is typically required to provide annual proof of coverage. Failure to maintain the policy can be enforced as a breach of the court order.
As support is paid and the remaining obligation decreases, the required coverage amount can be reduced proportionally.
Yes. Both the Family Law Act and the Divorce Act give courts the authority to order a payor to maintain life insurance as security for support obligations. This is a well-established remedy in Ontario family law.
Existing policies can sometimes satisfy the requirement, but the recipient should ensure they are named as irrevocable beneficiary and that the coverage amount is sufficient. The payor's ability to change beneficiaries or cancel the policy must be restricted.
This is a common drafting issue. Agreements should address alternatives — such as posting other security, establishing a trust, or making a lump sum payment — if the payor becomes uninsurable.
This is negotiable. Courts can order the payor to pay premiums, or the cost can be shared. The recipient may also pay premiums to ensure the policy remains in force.
Yes. Courts can order life insurance as security for child support obligations as well, particularly where the payor is the primary income earner and the children are young.
Written & Reviewed By
Founder & Managing Director, Tailor Law · Mississauga, Ontario
Deepa Tailor is a leading Ontario family law lawyer with extensive experience in spousal support and separation agreement drafting, including life insurance security provisions. She founded Tailor Law to provide accessible, high-quality family law services across the GTA.
View Full BioOur lawyers will ensure your support obligations are properly secured with life insurance — whether through negotiation or court order.
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