- The Spousal Support Advisory Guidelines are not law, but judges often base decisions on them.
- The without-child-support formula uses a percentage of the income gap per year of cohabitation, while the with-child-support formula targets a share of combined net disposable income.
- A calculator result is a range, and entitlement must be established before any formula applies.
You may have typed your incomes into an online spousal support calculator and received a range of numbers. It is fair to wonder what went into that result and how far you can rely on it.
This article explains the inputs, the two main formulas, and the reasons the answer is a range rather than a single figure. It is general information only.
What the calculator is based on
Most calculators apply the Spousal Support Advisory Guidelines (SSAG). The SSAG are not law, but judges often base their spousal support decisions on them. They were designed for the federal Divorce Act, and courts and lawyers also often use them under provincial legislation such as Ontario's Family Law Act.
They do not decide whether you are entitled to support. Entitlement must first be established under the applicable law, and an income gap on its own does not create it. Ontario's spousal support page also notes that the free online calculator it links to considers only employment income and simple calculations.
The inputs a calculator asks for
- Each spouse's gross income. The SSAG start from the definition of income in the Federal Child Support Guidelines.
- Years of cohabitation, which drive both amount and duration.
- The recipient's age at separation, which matters for the rule of 65.
- Whether there are children and child support, which decides which formula is used.
If a spouse is not working but should be, a court can readily impute minimum-wage income, but imputing anything higher requires evidence. Where income evidence is thin at the interim stage, ranges can be estimated using alternative income figures. Income other than employment income may not be captured by a simple calculator.
Without child support versus with child support
| Without child support | With child support | |
|---|---|---|
| Amount | 1.5% to 2% of the gross income difference for each year of cohabitation, capped at 50% | An amount leaving the lower-income recipient with 40% to 46% of combined net disposable income |
| Duration | 0.5 to 1 year for each year of cohabitation | Initial orders are indefinite, with outer limits on review or variation |
| Limit on amount | Top of range cannot exceed the amount that would equalize net incomes | Income is measured after child support, taxes and deductions |
Without child support, support is indefinite if the marriage lasted 20 years or more, or under the rule of 65: the marriage lasted at least five years and the years of marriage plus the recipient's age at separation total 65 or more. 'Indefinite' does not necessarily mean permanent. It only means no time limit can be set when the order or agreement is made, and support stays subject to variation and review.
With child support, the upper outer 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. 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 you get a range, and when the formula bends
The formulas give a range, not a fixed figure, and they do not apply mechanically at the extremes. Above a payor income of $350,000, discretion is used, and incomes below $20,000/$30,000 require adjustments.
Recognized grounds for going outside the ranges include compelling financial circumstances at the interim stage, debt payments, prior support obligations, illness and disability, property division, basic needs or hardship, non-taxable payor income, and a child's special needs. Short marriages produce very limited awards, if there is entitlement at all, and the rule of 65 does not apply to marriages under five years. For short and short-to-medium marriages without children, compensatory claims are assessed individually and can fall outside the range. A sponsorship agreement may also be an independent factor.
Any period of interim support, and informal voluntary support, counts toward the SSAG duration limits.
How to use your result sensibly
- Treat the output as a starting point for discussion, not a promise of what a court will order.
- Run it more than once with different income assumptions, such as imputed or alternative figures.
- List anything the calculator cannot see, such as non-employment income, debts, health issues or property division.
- Keep records of any support already paid, since it may count toward duration.
- Have a lawyer review the numbers before you agree to anything.
Frequently asked questions
Is the SSAG result what a judge will order?
Not necessarily. The SSAG are not law, though judges often base their decisions on them. Entitlement must be established first, and exceptions can move an amount outside the range.
Why does my calculator show zero?
Under the with-child-support formula a zero range is common because child support comes first. It is not the same as no entitlement and may reflect a current inability to pay.
Does the calculator work for high incomes?
The formulas do not apply mechanically at the extremes. Above a payor income of $350,000, discretion is used. The thresholds are worth confirming with a lawyer.
Do the SSAG apply to temporary support?
Yes, the SSAG apply to interim orders as well as final orders. They also allow an exception for compelling financial circumstances right after separation.
Sources
- Department of Justice Canada – Spousal Support Advisory Guidelines — justice.gc.ca
- SSAG Revised User's Guide – Entitlement — justice.gc.ca
- Department of Justice – Steps to Using the Guidelines, without Child Support Formula — justice.gc.ca
- SSAG Revised User's Guide – Without Child Support Formula — justice.gc.ca
- SSAG Revised User's Guide – Exceptions (SSAG 12.5) — justice.gc.ca
- Department of Justice – Steps to Using the Guidelines, with Child Support Formula — justice.gc.ca
- SSAG Revised User's Guide – Table of Contents (Chapter 12 Exceptions) — justice.gc.ca
- Ontario.ca – Spousal support — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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