- When a court decides both child and spousal support, child support gets priority.
- The with-child-support formula aims to leave the lower-income spouse with 40% to 46% of the couple's combined individual net disposable income.
- The guidelines are advice, not law, and an income gap alone does not prove you are entitled to support.
If you are paying or receiving child support, your spousal support question is not the same as it is for a couple without children. The Spousal Support Advisory Guidelines (SSAG) use a different formula when children are involved, and it often produces very different numbers.
This article explains how that formula generally works, why the result can be low or even zero, and what can move an outcome outside the range. Your own numbers will depend on your facts, so treat this as a map and not a calculation.
Child support comes first
When a court is deciding both child support and spousal support, it must give child support priority. This shows up in the formula itself, because the income figure it uses is measured after child support has been taken out.
There is a safety valve. If giving child support priority meant spousal support was not ordered or was reduced, a later reduction or end of that child support counts as a change of circumstances. The recipient can then apply for spousal support or a variation.
How the with-child-support formula works
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.
Under the with-child-support formula, the range is the amount of spousal support that leaves the lower-income recipient with 40% to 46% of the couple's combined Individual Net Disposable Income (INDI). INDI is income after child support, taxes and deductions.
That is a different approach from the formula used when there are no children, as the table shows.
| Without child support | With child support | |
|---|---|---|
| Amount | 1.5% to 2% of the gross income difference for each year of cohabitation, capped at 50% | Leaves the recipient with 40% to 46% of combined INDI |
| Duration | 0.5 to 1 year for each year of cohabitation, unless indefinite | Indefinite at first, with outer limits on review or variation |
How long support can last
Under this formula, initial orders are indefinite, but they 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 does not necessarily mean permanent. 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.
When the range is zero or the formula is set aside
A zero range is common under this formula because child support comes first. A zero range is not the same as no entitlement, and it may simply reflect a current inability to pay.
An income gap on its own does not create entitlement. Entitlement must be proven or agreed before the formulas apply. The guidelines also have recognized grounds for going outside the ranges:
- 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
- a child's special needs
For the period right after separation, the guidelines allow an exception for compelling financial circumstances, which can justify interim support above or below the range. The guidelines apply to interim orders as well as final ones, and ranges can be estimated using alternative income figures where income evidence is thin.
What to do next
Ontario's spousal support page links to a free online calculator, but it considers only employment income and simple calculations. Use it for a rough idea only. Self-employment income, support already being paid, or special child expenses can change the picture.
- Gather recent tax returns, notices of assessment and pay stubs for both spouses.
- Write down the child support amount, whether it is ordered or agreed, and any special expenses.
- Note any informal support you have paid or received, since voluntary support counts toward the SSAG duration limits.
- List debts, property division issues and health concerns that could matter.
- Ask a family lawyer to run the formula properly and explain how it fits your situation.
If support is ordered by a court, the order is automatically filed with the Family Responsibility Office, which collects payments from the payor and sends them to the recipient.
Frequently asked questions
Does child support reduce spousal support?
Child support is given priority when a court decides both. Because the formula works from income after child support, the spousal support range is often lower, and sometimes zero.
If my range is zero, can I ever get spousal support?
A zero range is not the same as no entitlement, and it may reflect a current inability to pay. If child support priority meant spousal support was not ordered or was reduced, a later reduction or end of that child support counts as a change of circumstances, and the recipient can then apply for spousal support or a variation. Whether that applies to you depends on why your range is zero, so it is worth confirming with a lawyer.
Are the guidelines binding on a judge?
No. They are not law, but judges often base their decisions on them. They also do not decide entitlement, which must first be established under the applicable law.
Will the support be paid until the children are grown?
Not necessarily. Initial orders are indefinite but have outer limits tied to the length of the marriage and the children's schooling that apply on review or variation. Your result depends on your facts.
Sources
- Divorce Act, s. 15.3(1) — Justice Laws (federal)
- 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
- 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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