Legal Review: This guide to the Spousal Support Advisory Guidelines (SSAGs) was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the Divorce Act (Canada).
The Quick Answer: Who is Entitled?
Spousal Support (formerly called Alimony) is not automatic. To receive it, a spouse must prove Entitlement on one of three grounds:
- Compensatory (you sacrificed your career for the family)
- Non-Compensatory (you have a significant financial need and the other spouse has the means to pay)
- Contractual (a pre-nup agreement)
Once entitlement is proven, the amount is calculated using the Spousal Support Advisory Guidelines (SSAGs).
Why is Support Awarded?
Understanding the three legal grounds for spousal support entitlement in Ontario
Compensatory
The Career Sacrifice
Did you stay home to raise kids? Did you move for your spouse's job? You are entitled to compensation for lost income potential.
Non-Compensatory
The Income Gap
If the marriage breakdown leaves one spouse in poverty while the other is wealthy, support is awarded to relieve financial hardship.
Contractual
The Agreement
Specific terms outlined in a Marriage Contract or Cohabitation Agreement.
Calculating the Amount (The SSAGs)
Understanding how the Spousal Support Advisory Guidelines determine payment amounts
The Ranges
Unlike Child Support (which is a fixed table), Spousal Support is a Range (Low, Mid, High).
The amount is based on:
- Length of the marriage
- Income difference between spouses
Two Formulas
Without Child Formula
1.5% to 2% of the income difference for each year of marriage.
Example:
Married 10 years, income gap of $100,000
= $15,000 to $20,000 per year
With Child Formula
More complex; accounts for child support being paid first (Priority Rule).
Priority Rule: Child support is always calculated and paid before spousal support is determined.
Important: The SSAGs are guidelines, not law. Courts have discretion to deviate based on specific circumstances, but they must provide reasons for doing so.
How Long Does It Last?
Understanding the duration of spousal support obligations
Short Marriages
Usually 0.5 to 1 year of support for every year married.
Example:
Married 5 years = 2.5 to 5 years of support
The "Rule of 20"
If married for 20+ years, support is usually "Indefinite" (until retirement or a material change).
Example:
Married 22 years = Indefinite support
The "Rule of 65"
If Age + Years Married = 65+, support is usually Indefinite.
Example:
Age 50 + 15 years married = 65 = Indefinite support
Important Note on "Indefinite"
"Indefinite" does not mean "forever." It means there is no fixed end date, but support can still be varied or terminated if there is a material change in circumstances (e.g., retirement, remarriage, or significant income change).
Relevant Laws & Statutes
- Department of Justice (SSAG User Guide)
Official guide to the Spousal Support Advisory Guidelines
- Divorce Act (Section 15.2)
Federal legislation governing spousal support orders
- Family Law Act (Part III: Support Obligations)
Ontario provincial law on support obligations
Spousal Support FAQs
Yes. Spousal support is tax-deductible for the payer and taxable income for the recipient, unlike Child Support which is tax-free. This tax treatment is an important consideration when negotiating support amounts.
No. Conduct is not a factor in determining the amount or duration of spousal support in Ontario. The focus is on financial need and entitlement, not marital misconduct.
Support is not fixed forever. The payer can file a 'Motion to Change' based on a 'Material Change in Circumstances.' However, the court will examine whether the job loss was voluntary or in bad faith to avoid support obligations.
Not automatically. However, re-partnering increases the recipient's household income, which can be grounds to reduce or terminate support upon review. The payer would need to bring a motion to change based on this material change in circumstances.
Yes. A 'Lump Sum Settlement' buys out the monthly obligation. It is often preferred to achieve a 'clean break,' but requires careful tax calculation and consideration of the present value of future payments.
Deepa Tailor
Senior Family LawyerDeepa Tailor specializes in complex SSAG calculations and high-net-worth support disputes, ensuring accurate income valuation for fair settlements.
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