Spousal Support Without Child Support Formula Explained

The Spousal Support Advisory Guidelines include what is called the without-child-support formula, and the guidelines also have a separate with-child-support formula. Which one fits your situation depends on the facts, so it is worth confirming with a lawyer. It is the simpler of the two main formulas, and it is the one most online searches are really asking about.

This article walks through how it works in plain language: when the formula even comes into play, how the length of the relationship drives the result, and what indefinite support does and does not mean.

First, entitlement: the formula is not the starting point

The SSAG are not law, though judges often base decisions on them. They also do not decide whether you have a right to support. Entitlement must be proven or agreed before the formulas apply.

There are three types of entitlement. Compensatory support rests on economic loss or disadvantage from relationship roles. Non-compensatory support rests on need, such as a significant drop from the marital standard of living. Contractual support rests on a domestic contract or implied agreement.

Ontario.ca describes similar ideas: a claimant must show a relationship role that prevented building their own career, a need for support after separation while the other spouse can pay, or a legal agreement providing for support on separation. Marriage is not the only route. Unmarried partners can claim if they lived together as a couple for at least three years, or if they were in a relationship of some permanence of any length and had a child together.

How length of relationship drives amount and duration

Under this formula, amount and duration both increase with the length of the relationship. The length is measured from the start of cohabitation, including pre-marital cohabitation, to the date of separation, not the date of divorce. If there was a reconciliation, cumulative periods usually count.

For marriages of 25 years or more, the amount range is 37.5 to 50 per cent of the gross income difference. The formula also uses a net income cap, meaning the recipient should not end up with more than 50 per cent of the spouses' net disposable income. Percentages for shorter relationships are worth confirming with a lawyer or in the guidelines themselves, because they differ from the longer-marriage figures.

The guide offers a rough hand estimate for the amount: 48 per cent of the gross income difference. It calls this a second-best, but adequate, alternative to software. Treat it as a way to sense the scale of a number, not as an answer.

Duration: time limits, the 20-year rule and the rule of 65

Time limits apply under the formula 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. It uses age at separation, not age at trial, and it does not apply to marriages under 5 years.

Indefinite support does not necessarily mean permanent support. Indefinite orders remain subject to variation and review.

Where in the range you land, and when the formula stops working

The formula produces a range. Factors that push the amount higher include depth of need, a strong compensatory claim, the recipient's retraining or education, high medical costs and a low estimate of the payor's income. Factors that push it lower include a weak compensatory claim, payor work incentives, a large property settlement, the recipient's ability to earn more, high access costs, the recipient's repartnering, and mandatory pension contributions reducing payor cash flow. The midpoint should not be treated as the default.

• Income floor: the guide uses $20,000 of annual gross payor income as the floor, and below it spousal support is not generally payable.
• Between $20,000 and $30,000: ability to pay and work incentives may justify awards below the formula ranges.
• Income ceiling: $350,000, above which the formulas are no longer presumptive and the analysis is individualized.

If a payor's income drops significantly, the ranges move down, and ability to pay can reduce the range to zeros across the board. Voluntary under-employment may be an issue.

Practical next steps

• Confirm your start-of-cohabitation date and separation date, with documents that support them.
• Work out whether the 20-year mark or the rule of 65 might apply, using your age at separation.
• Collect income records for both of you, and note whether any income is non-taxable or irregular.
• Think about which type of entitlement fits your situation: career sacrifice, need, or an agreement.
• Speak with a family lawyer before relying on any estimate, since results turn on facts a formula does not capture.

Frequently asked questions