What Are the Spousal Support Advisory Guidelines in BC?

If you are separating or already paying or receiving spousal support, you have probably heard people mention the guidelines or the SSAG. They are often used as a starting point for talks about how much support should be paid and for how long.

This article explains what the guidelines are, what status they have in British Columbia, and how the two main formulas work in general terms. It is general information, and your own numbers and circumstances can change the result.

This article covers the law of British Columbia.

What the guidelines are

The Spousal Support Advisory Guidelines, often called the SSAG, were published by the Department of Justice Canada. They are a set of formulas that produce a suggested range for the amount and the length of spousal support.

They are not a statute. They have not been legislated and their use is voluntary. The BC government describes them as not law, but says most lawyers and judges use them to help set the amount.

Do BC courts have to follow them?

No. Because the guidelines are advisory only, a court is not bound to apply them. In practice they carry a lot of weight, since most lawyers and judges use them.

The guidelines also come second. Entitlement to support must be established under the Family Law Act or the Divorce Act before the formulas apply. In BC, the Family Law Act sets the objectives of spousal support and says the amount and duration must reflect each spouse's condition, means, needs and other circumstances.

Neither the Family Law Act nor the Divorce Act sets a minimum length of marriage for spousal support, and the length of cohabitation is one factor in amount and duration.

The without child support formula

This formula is used where there are no dependent children. It is based on the difference between the spouses' gross incomes.

The length of the relationship runs from the start of cohabitation, including cohabitation before marriage, to the date of separation, not the date of divorce.

Duration can be 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. This is often called the rule of 65. Indefinite orders remain subject to review and variation.

The with child support formula

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

The calculation requires software. Duration limits are described as 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.

Exceptions and what to do next

Formula results are ranges, not guaranteed entitlements. Short marriages without children usually produce very limited awards, sometimes none, even with a large income gap, and small amounts are often converted to a lump sum or a very short transitional award. There are also exceptions to the formula for compensatory, interim, basic needs or hardship, and disability situations.

• Gather income information for both spouses, including tax returns and pay records.
• Write down the date cohabitation began, the date of marriage if any, and the date of separation.
• Note whether children are in your primary care and whether child support is being paid.
• Use an online estimator only as a rough guide, then ask a lawyer to confirm the calculation and how exceptions might apply.

Frequently asked questions