Spousal Support Advisory Guidelines in Alberta Courts

If you are dealing with spousal support, you will likely hear about the Spousal Support Advisory Guidelines, often shortened to the SSAG. People ask whether Alberta judges must follow them, and whether the numbers they produce are final.

This article explains what the guidelines are, how they fit with Alberta and federal law, and why the result in your case can still differ from a formula.

This article covers the law of Alberta.

What the guidelines are

According to the Department of Justice Canada, the guidelines are not law, but judges often base their spousal support decisions on them, and lawyers also use them when advising clients and drafting agreements.

In practice that makes them a reference point. They give a range of amounts and durations that people in similar situations can compare against. They do not replace the legislation that governs your case.

The law a judge must still follow

For married couples seeking a divorce, the Divorce Act directs the court to consider each spouse's condition, means, needs and other circumstances, including how long they lived together, the functions each performed and any existing support order or agreement. The court also works toward set objectives, including relieving economic hardship and promoting self-sufficiency within a reasonable time.

The Family Law Act has its own factors and objectives, which apply to unmarried adult interdependent partners and to married spouses who are not seeking a divorce. Any interim support order under that Act must follow those factors and objectives as far as practicable given the need for interim support.

So the guidelines sit alongside the statutes, not above them. A judge applies the legal test first and may then look to the guidelines to help with amount and duration.

How the guidelines work

The first step is entitlement. The guidelines do not decide it; entitlement, whether compensatory, non-compensatory or contractual, must be established, and if there is none the formulas do not apply. An income gap alone is not enough.

Only then does a formula come into play. There are two main ones.

• Without child support: for marriages of 25 years or more the range is 37.5 to 50 per cent of the gross income difference, and the recipient should never end up with more than 50 per cent of the spouses' net disposable income.
• With child support: the formula is based on net disposable income, duration is set by the longer of the length-of-marriage and age-of-children tests, and shared custody starts from equal net disposable income.

For short and medium marriages without children, the without-child-support formula generates largely non-compensatory, time-limited transitional support.

Duration works differently depending on the relationship. Under the without-child-support formula, support is indefinite, meaning it has no end date but is still open to variation and review and is not permanent, when the relationship is 20 years or longer, or under the rule of 65, where the years of relationship plus the recipient's age at separation equal or exceed 65. The rule of 65 does not apply to marriages under 5 years. Medium-length marriages under 20 years often start indefinite with time limits considered later, and under the with-child-support formula initial orders are usually indefinite, with time limits typically coming later on variation or review.

Even where support is indefinite, it may be reduced or ended if self-sufficiency is reached, and courts may use review orders, step-down orders or "not yet" time limits.

When results differ from the formulas

Because the guidelines are advisory, outcomes can vary. Some common reasons are listed below.

• No entitlement is established, for example after a short marriage with limited financial interdependence.
• An agreement or consent order sets the terms. A change in the guideline outcome alone is not enough to vary a pre-guideline or non-guideline consent order, and specific finality clauses carry more weight than general ones.
• A review or variation is limited in scope. A variation is not a fresh hearing or appeal, and a review's scope can be limited by the terms of the review order.
• Child support takes priority, which can reduce spousal support.

On a review, the guidelines apply, but with caution. A change in circumstances must be substantial and continuing, and one that would likely have led to a different order if known at the time.

What to do next

• Collect recent income information for both of you.
• Gather your separation date, relationship history and any children's ages.
• Keep copies of any existing support order or agreement, including any finality or review clauses.
• Ask a lawyer how the guideline range compares with your facts and what the court's own factors would add.

If support is collected through the Maintenance Enforcement Program, unless you agree or the court orders otherwise, that program collects and enforces the payments. A lawyer can confirm how that applies to you.

Frequently asked questions