Spousal Support Advisory Guidelines Explained for British Columbia

If you are separating, you have probably heard that there is a formula for spousal support. That is the Spousal Support Advisory Guidelines, usually called the SSAG. People often ask whether it is a law, whether a judge must follow it, and how a number actually comes out of it.

This article explains what the SSAG are, how they fit with British Columbia law, and how the two main formulas work in plain terms. It is general information, not a calculation of your own situation.

This article covers the law of British Columbia.

What the SSAG are, and what they are not

The SSAG are advisory only. They have not been legislated, and using them is voluntary. The British Columbia government describes them as not law, but says most lawyers and judges use them to help set the amount of support.

In practice, that means the SSAG are a starting point for negotiation and for a court's thinking. They do not replace the legislation, and a court can look at the particular facts of your case.

Entitlement comes before any formula

The guidelines do not decide whether you are entitled to support. That must be established under the Family Law Act or the Divorce Act before the formulas apply.

Under the Family Law Act, if a spouse is entitled to support after considering the statutory objectives, the other spouse has a duty to provide it. Those objectives are to:

• recognize the economic advantages or disadvantages arising from the relationship or its breakdown
• apportion between the spouses the financial consequences of child care beyond child support
• relieve economic hardship from the breakdown
• promote the economic self-sufficiency of each spouse within a reasonable period of time

BC government guidance describes a two-step approach: first, whether the person is entitled, and second, how much and for how long. The outcome can be no support, a lump sum, or regular payments for a set period. The Divorce Act sets out similar objectives for married or formerly married spouses.

The formula without child support

This formula is used where there are no dependent children. The amount is 1.5% to 2% of the gross income difference for each year of marriage, up to a maximum of 50%. For marriages of 25 years or longer, the range is 37.5% to 50%. The upper end is capped at the level that would equalize the spouses' net incomes.

Duration is 0.5 to 1 year of support for each year of marriage. The length of the relationship runs from the start of cohabitation, including pre-marital cohabitation, to the date of separation, not the date of divorce.

Here is an illustration using the published formula. A payor earns $100,000 and the recipient earns $40,000, a difference of $60,000, after a 10-year marriage. The range is 15% to 20% of $60,000, or $9,000 to $12,000 per year ($750 to $1,000 per month), for about 5 to 10 years. That is a range, not a guaranteed entitlement.

There is an important exception on duration. Support is indefinite, meaning not time-limited, if the marriage is 20 years or longer, or if it lasts at least 5 years and the years of marriage plus the recipient's age at separation total 65 or more (the "rule of 65"). Indefinite orders remain subject to review and variation.

The formula with child support

This formula is used where the recipient has primary care of dependent children and child support is paid. It is based on net incomes: the lower-income recipient receives 40% to 46% of the spouses' combined net disposable income.

The calculation requires software, so it is not something most people can do by hand. Duration limits are "soft" and depend on the length of the marriage and the children's ages, and initial orders are generally indefinite. The BC government notes that a lawyer usually does the calculation, and that MySupportCalculator.ca gives a rough estimate.

When the formula result may not apply

Short marriages without children usually produce very limited awards, sometimes none, even with a large income gap. Small amounts are often converted to a lump sum or a very short transitional award. The guidelines also recognize exceptions for compensatory, interim, basic needs or hardship, and disability situations.

Fault is generally not part of the picture. The Family Law Act tells the court not to consider misconduct, except conduct that arbitrarily or unreasonably causes, continues or worsens the need for support or affects ability to pay.

What to do next

• Gather your tax returns and notices of assessment, pay stubs and benefit statements for both spouses, if you can.
• Write down the date you began living together, the date you married if you did, and the date you separated.
• Note who cared for children and who adjusted work to do so, since that affects entitlement.
• Use a rough online estimate if you like, but treat it as a range only.
• Speak with a lawyer about how the guidelines apply to your facts before agreeing to a number.

Frequently asked questions