Estimate the Spousal Support Advisory Guidelines range for amount and duration when there are no dependent children.
How is spousal support calculated in Ontario without children? Once entitlement is established, courts and lawyers use the Spousal Support Advisory Guidelines (SSAG). Under the without child support formula, support ranges from 1.5% to 2% of the difference between the spouses’ gross incomes for each year of cohabitation, up to a range of 37.5% to 50% for relationships of 25 years or more (with the top of the range capped at equalizing net incomes). Duration is 0.5 to 1 year of support for each year together, and becomes indefinite after 20 years or when the rule of 65 applies. This page estimates that range. It does not cover the with child support formula, which needs tax software.
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A couple lived together for 10 years and have no children. At separation the higher earner makes $100,000 and the lower earner, aged 40, makes $40,000. The gross income difference is $60,000.
After a 30-year relationship with the same incomes, the range would be 37.5% to 48% of the difference, about $1,875 to $2,400 a month, with duration indefinite (not specified).
Common-law partners can claim spousal support under Ontario’s Family Law Act if they meet the definition of spouse in section 29: they cohabited continuously for at least three years, or lived together in a relationship of some permanence and have a child together. The SSAG are used in the same way once entitlement is established. Learn more about spousal support in Ontario and common-law separation.
Under the SSAG without child support formula, the range is 1.5% to 2% of the gross income difference for each year of cohabitation, up to 37.5% to 50% after 25 years, with the top capped at net income equalization. For a 10-year relationship with a $60,000 income difference, that is about $750 to $1,000 a month.
Under the without child support formula, duration is 0.5 to 1 year for each year of cohabitation. Support is indefinite (duration not specified) if the relationship lasted 20 years or more, or if it lasted at least 5 years and the years together plus the recipient’s age at separation total 65 or more.
The rule of 65 in the SSAG makes support indefinite when the relationship lasted at least five years and the recipient’s age at separation plus the years of cohabitation add up to 65 or more. For example, an 8-year relationship with a recipient aged 57 at separation meets the rule.
No. The SSAG are advisory guidelines published for the federal Department of Justice, not legislation. Ontario courts routinely use them to set the amount and duration of support once entitlement is established, and departures must be explained.
With dependent children, the SSAG use the with child support formula, which is based on each spouse’s net disposable income after taxes, government benefits and child support. That requires tax and benefit software, so a simple online formula would be misleading.
Related: Spousal support in Ontario, Common-law separation, All Tailor Law calculators.
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This calculator provides general information about Ontario family law and an estimate based only on the figures you enter. It is not legal advice and does not create a lawyer-client relationship. Results can differ from what a court orders or what parties agree. Speak with a lawyer before relying on any figure.
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