Spousal Support Ranges: What Decides Low, Mid or High

You may have been handed three numbers: a low, a mid and a high figure for spousal support. It is natural to ask why the numbers are so far apart and which one is likely to apply to you. The honest answer is that the range is a starting frame, and the facts of your relationship and finances decide where you land inside it.

This article explains what the range is, what tends to push a case toward the high or low end, and why income inputs and duration matter just as much as the percentage. It is general information about how things usually work, not advice on your own numbers.

What the range is, and what it is not

The range comes from the Spousal Support Advisory Guidelines, often called the SSAG. They are not law. They were designed for the federal Divorce Act, but judges often base decisions on them, and courts and lawyers often apply them under provincial law as well. How they apply to your situation depends on the facts, so it is worth confirming with a lawyer.

The guidelines do not decide whether you are entitled to support in the first place. Entitlement, whether compensatory, non-compensatory or contractual, must be proven or agreed before the formulas apply. Compensatory support rests on economic loss or disadvantage from the roles played in the relationship, non-compensatory support rests on need, such as a significant drop from the marital standard of living, and contractual support rests on a domestic contract or implied agreement.

A range of zero does not automatically mean there is no entitlement. It may simply reflect that the payor cannot pay at present.

What pushes a case toward the high end or the low end

Within a range, the guidelines list factors that move the figure up or down. The table below sets them side by side.

The guide cautions that the midpoint should not be treated as the default. Where a figure lands in the range depends on the facts of your case, and a lawyer can help you work out which of these factors apply.

Where the income numbers come from

The range is only as good as the incomes put into it. SSAG income starts from the definition of income in the Federal Child Support Guidelines, and non-taxable income must be grossed up. Union dues can be deducted under Schedule III, section 1(g), and capital gains and dividends use actual amounts.

Some incomes are harder to pin down. For an uncertain bonus, a court may look at ranges at two different incomes. A court may attribute pre-tax corporate income to a payor for child support, but it is less willing to do so for spousal support. How bonuses, overtime or business income are treated in your case depends on the facts, so it is worth confirming with a lawyer or accountant.

If a payor's income drops significantly, the ranges move down, and ability to pay can reduce the range to zeros across the board. If the drop may not be permanent, a court may order disclosure of future re-employment or add a review term, and voluntary under-employment may become an issue.

Very low and very high incomes

The guidelines have a floor and a ceiling. The floor is $20,000 and the ceiling is $350,000 of annual gross payor income. Below the floor, spousal support is not generally payable, and between $20,000 and $30,000, ability to pay and work incentives may justify awards below the formula ranges.

Above $350,000 the formulas are no longer presumptive. The ceiling is not a hard limit, support usually still increases, and the court needs an individualized, fact-specific analysis. Incomes moderately above the ceiling, roughly $500,000 to $700,000, often land in the low-to-mid range, while incomes far above it usually produce amounts below the low end. As a practice tip, the guide suggests calculating ranges at $350,000, at the full income and at intermediate incomes.

Amount is only half of the picture: duration

Where you sit in the range affects the monthly figure, but how long support lasts is a separate question. Under the without-child-support formula, amount and duration both increase with the length of the relationship. Length of relationship runs from the start of cohabitation, including pre-marital cohabitation, to the date of separation, not divorce.

• Time limits apply when the relationship is under 20 years and the rule of 65 does not apply.
• Duration is indefinite when the relationship lasted 20 years or more, or when the rule of 65 applies.
• The rule of 65 applies when the years of relationship plus the recipient's age at separation equal or exceed 65, and it does not apply to marriages under 5 years.
• Indefinite support does not necessarily mean permanent support, because indefinite orders remain subject to variation and review.
• With child support, two duration tests exist, length of marriage and age of children, and the longer one applies.

What to do next

Treat the range as a conversation starter rather than a verdict. Online calculators help only with simple calculations, and complex cases, such as tax effects, usually need dedicated software. Ontario's free online calculator considers only employment income.

• Ask whoever gave you the range which income figures, tax assumptions and formula they used.
• Gather your last few years of income records, including bonuses, dividends and any business income.
• Write down the facts that might push you up or down: health, retraining, medical costs, property settlement, who cared for the children.
• Confirm the length of the relationship from the date you began living together to the date of separation.
• Speak with a family lawyer before accepting or rejecting a number, especially if income is above $350,000 or below $30,000.

Frequently asked questions