Spousal Support Guidelines and Newmarket Family Court in Ontario

If you live in York Region and are dealing with spousal support, you will likely hear about the Spousal Support Advisory Guidelines (SSAG) early on. They shape many negotiations and court decisions.

This article explains what the guidelines are, how they work out amount and duration, and the general path a support case takes. Local filing steps and scheduling at the Newmarket courthouse can vary, so confirm them with the court office or a lawyer.

What the guidelines are and are not

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 entitlement, which must first be established under the applicable law. An income gap on its own does not create entitlement; it must be proven or agreed before the formulas apply.

Entitlement comes first

Entitlement to spousal support has three possible bases: compensatory (loss or disadvantage from roles in the relationship), non-compensatory (need), and contractual. A contractual basis can come from a formal domestic contract or from an implied or informal agreement.

In Ontario, you may be eligible for 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.

How the formulas work

The guidelines use two main formulas, depending on whether child support is involved.

Under the without-child-support formula, the top of the range cannot exceed the amount that would equalize the spouses' net incomes. Support 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 formulas 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. Online calculators may consider only employment income and simple calculations.

How a support case generally proceeds

Couples can agree on support in a separation agreement, or a judge can decide. If you apply to court under the Divorce Act, either spouse or both may apply, and the court can order a lump sum, periodic sums, or both.

While an application is pending, the court can make an interim (temporary) order until it is decided. The guidelines apply to interim orders as well, and where income evidence is thin, ranges can be estimated using alternative income figures. Any period of interim or informal voluntary support counts toward the duration limits.

Under the Divorce Act, the court must consider each spouse's condition, means, needs and other circumstances, including how long you lived together and the roles each of you played. Under the Divorce Act, the court may not consider misconduct, such as an affair or who left, when it makes a final or interim spousal support order. How this works for support claims under other laws depends on your situation, so it is worth confirming with a lawyer.

Once an order exists, it is automatically filed with the Family Responsibility Office, which collects payments from the payor and sends them to the recipient. Changing it later requires a motion to change in court, because the Family Responsibility Office cannot change support terms.

What to do next

• Gather income information for both spouses and the dates you lived together.
• Work out the likely basis of your entitlement: need, loss from roles during the relationship, or an agreement.
• Ask the Newmarket court office or a lawyer about the current local filing steps and forms.
• Get legal advice before relying on a calculator, since results can be simplified.

Frequently asked questions