How Much Spousal Support Will I Pay or Receive Based on Income in Ontario?
Under the Spousal Support Advisory Guidelines, the amount without children depends mainly on the gap between your gross incomes and how long you lived together. The guidelines are not law, but judges often base their decisions on them. They also do not decide who is entitled to support, and an income gap alone does not create entitlement.
Under the without-child-support formula, the range is 1.5% to 2% of the gross income difference for each year of cohabitation, capped at 50% and never above the amount that would equalize net incomes. Duration is 0.5 to 1 year for each year of cohabitation, and it is indefinite after 20 years or under the rule of 65, which needs a marriage of at least five years and years of marriage plus the recipient's age at separation totalling 65 or more.
The formula does not apply mechanically at the extremes: above a payor income of $350,000 discretion is used, and incomes below $20,000/$30,000 need adjustments. Short marriages produce very limited awards, if there is entitlement at all, though compensatory claims without children and sponsorship agreements can fall outside the formula ranges. Indefinite support does not necessarily mean permanent support. The with-child-support formula works differently. A lawyer can confirm your figures.
Key takeaways
- The without-child formula looks at the gap in gross incomes and the years of cohabitation, giving a range of 1.5% to 2% of that gap per year, capped at 50%.
- Duration is 0.5 to 1 year for each year of cohabitation, and it is indefinite after 20 years or under the rule of 65, which needs a marriage of at least five years and years of marriage plus the recipient's age at separation totalling 65 or more.
- The guidelines are not law and do not decide entitlement, and an income gap on its own does not create entitlement to support.
- Very high or low incomes, short marriages and children all change how the formulas work, so a lawyer should run the figures for your facts.