Spousal Support Calculator Ontario: How the Numbers Are Worked Out

You entered some numbers into an online calculator and got a range. Now you want to know what it means, and whether that is what you will actually pay or receive.

This article walks through the inputs, how the range is built, and the reasons a real order or agreement can look different from the screen.

What a calculator does and does not tell you

The Spousal Support Advisory Guidelines (SSAG) are not law, though judges often base their spousal support decisions on them. Ontario's spousal support page notes that the free online calculator it links to considers only employment income and simple calculations.

A calculator also assumes you are entitled to support. Entitlement must be proven or agreed before the formulas apply, and an income gap on its own does not create it. In Ontario, you may be eligible for spousal support if you were married, if you lived together as a couple for at least three years, or if you were in a relationship of some permanence and had a child together.

Under the Divorce Act, the court may not consider either spouse's misconduct in the marriage, such as an affair or who left, when it makes a final or interim spousal support order. How this applies to your situation is worth confirming with a lawyer.

The inputs and how they are used

The SSAG start from the definition of income in the Federal Child Support Guidelines, and section 19 of those Guidelines is often the basis for imputing income.

How the range is built

Without child support, the amount ranges from 1.5% to 2% of the gross income difference for each year of cohabitation. The cap is 50%, and the top of the range cannot exceed the amount that would equalize net incomes. Duration is 0.5 to 1 year for each year of cohabitation. It is indefinite if the marriage lasted 20 years or more, or under the rule of 65, which applies only if the marriage lasted at least five years and the years of marriage plus the recipient's age at separation total 65 or more. The rule of 65 does not apply to marriages under five years.

With child support, the range is the amount that leaves the lower-income recipient with 40% to 46% of the couple's combined net disposable income. A zero result is common here because child support comes first, and it is not the same as no entitlement. It may simply reflect a current inability to pay.

Why real outcomes differ

• Income is disputed. For a spouse who is not working but should be, a court can readily impute minimum-wage income, but anything higher requires evidence.
• Extreme incomes. Above a payor income of $350,000 discretion is used, and incomes below $20,000/$30,000 require adjustments.
• Recognized exceptions, such as debt payments, illness and disability, property division or hardship.
• Short marriages produce very limited awards, if there is entitlement at all. For short and short-to-medium marriages without children, a compensatory claim is assessed individually and can fall outside the formula range.
• Immigration sponsorship. When a short marriage breaks down while a sponsorship agreement is in place, the agreement may be an independent factor leading to an amount or duration outside the formula ranges.
• Interim stage. The SSAG apply to interim orders, and compelling financial circumstances right after separation can justify support above or below the range.

Any interim support and informal voluntary support counts toward the SSAG duration limits.

How long support lasts and how it can change

With child support, initial orders are indefinite but have outer limits that apply on review or variation. The upper limit is the longer of the length of the marriage or the date the youngest child finishes high school. The lower limit is the longer of half the length of the marriage or the date the youngest child starts full-time school.

Indefinite support does not necessarily mean permanent support. It only means no time limit can be set when the order or agreement is made, and the support stays subject to variation and review.

A review is different from a variation. A variation requires a material change in circumstances, while a review is more like an initial application. Under the Divorce Act, before varying an order the court must be satisfied that either former spouse's circumstances have changed since the order or the last variation.

Tax and next steps

A calculator number is not an after-tax number. Support under an order or agreement made after April 1997 is taxable to the recipient and deductible by the payer only if the order or agreement clearly states the spousal amount and all child support for the current and previous years is fully paid. Lump sums are treated differently, and a lump sum paid to be released from future support is not deductible or taxable.

• Save the calculator result and the inputs you used.
• Gather tax returns and pay records for both spouses.
• Note anything the calculator ignored, such as bonuses, debts or illness.
• Ask a lawyer to test the range against your facts, and an accountant about tax.

Frequently asked questions