What is the formula for spousal support in Ontario?

Spousal support in Ontario is calculated using the Spousal Support Advisory Guidelines (SSAG), which provide two main formulas: one for situations without child support and another for cases with child support. These formulas are not legally binding but are widely used by courts and lawyers as a starting point to determine the amount and duration of spousal support.

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Without Child Support Formula

• Amount: The support amount is calculated as 1.5% to 2% of the difference between the spouses’ gross annual incomes, multiplied by the number of years they lived together (including cohabitation before marriage), up to a maximum of 50% of the income difference.

• Duration: The suggested duration is between 0.5 and 1 year of support for each year of marriage or cohabitation. For long marriages (20 years or more), or if the marriage length plus the recipient’s age at separation equals 65 or more, support may be indefinite.

1. Without Child Support Formula

This formula applies when there are no dependent children, or when child support is not being paid:

• Amount: The suggested amount is between 1.5% and 2% of the difference between the spouses’ gross annual incomes for each year of marriage or cohabitation, up to a maximum of 50% of the income difference (which would equalize the incomes).

• Duration: The recommended duration is between 0.5 and 1 year for each year of marriage or cohabitation. If the marriage lasted 20 years or more, or if the years of marriage plus the recipient’s age at separation total 65 or more, support may be indefinite.

Example:
If Spouse A earns $70,000 and Spouse B earns $40,000, and they were married for 10 years:

• Income difference: $70,000 – $40,000 = $30,000

• Low range: $30,000 × 1.5% × 10 = $4,500 per year ($375/month)

• High range: $30,000 × 2% × 10 = $6,000 per year ($500/month)

• Duration: 5–10 years

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2. With Child Support Formula

When child support is involved (i.e., there are dependent children), the formula becomes more complex and is based on Individual Net Disposable Income (INDI):

• Step 1: Calculate each spouse’s net disposable income after deducting child support, taxes, and government benefits.

• Step 2: The recipient spouse should receive enough spousal support so that their share of the combined net disposable incomes falls between 40% and 46%.

• Step 3: The amount of spousal support is adjusted so that, after accounting for child support and taxes, the recipient’s share of the combined net disposable income is within this range.

Example:
Suppose after all deductions, Spouse A’s INDI is $5,000/month and Spouse B’s INDI is $2,000/month.

• Combined INDI: $7,000

• 40% of $7,000 = $2,800; 46% = $3,220

• Spousal support is set so that Spouse B’s total income (after child support and taxes) is between $2,800 and $3,220/month.

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3. Factors Affecting Spousal Support

While the formulas provide a starting point, judges consider additional factors:

• Length of the relationship

• Each spouse’s role during the relationship (e.g., homemaker, primary earner)

• Age and health of both parties

• Ability to be self-supporting

• Any agreements between the parties

• Special circumstances, such as illness, disability, or significant debts

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4. Duration of Support

• For relationships under 20 years, the duration typically ranges from half to the full length of the marriage or cohabitation.

• For marriages of 20 years or more, or where the marriage length plus the recipient’s age at separation equals 65 or more (“Rule of 65”), support may be indefinite.

• Support may end earlier if the recipient remarries, becomes self-sufficient, or if other significant life changes occur.

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5. Practical Considerations

• The SSAG are guidelines, not strict laws—a judge may deviate from them if justified by the circumstances.

• Accurate income reporting is crucial for fair calculations.

• Online calculators, such as MySupportCalculator, can help estimate support but are not substitutes for legal advice.

• Legal agreements regarding spousal support are enforceable and can be indexed to inflation.

Example Calculation:
If Spouse A earns $60,000 and Spouse B earns $40,000, and they were married for 10 years:

• Income difference: $60,000 – $40,000 = $20,000

• Low end: $20,000 × 1.5% × 10 = $3,000 per year

• High end: $20,000 × 2% × 10 = $4,000 per year

• Monthly range: $250 to $333

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With Child Support Formula

• Amount: This formula is more complex and considers each spouse’s net disposable income after child support, taxes, and government benefits are accounted for. The goal is for the recipient’s share of combined net disposable income to fall between 40% and 46%.

• Calculation:

  • Calculate each spouse’s net disposable income (after child support and taxes).

  • Determine spousal support so that the recipient’s share is within the 40–46% range of the combined net disposable income.

• Duration: Typically, the same as the “without child support” formula—between 0.5 and 1 year for each year of marriage or cohabitation, but may be adjusted based on circumstance.

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Key Points to Remember

• The SSAG provides a range, not a fixed number, for both amount and duration.

• Other factors—such as age, health, roles during marriage, and ability to be self-supporting—can influence the final amount.

• The formulas are a guideline; the court has discretion to adjust based on the specifics of each case.

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Summary Table

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For precise calculations, online calculators like MySupportCalculator or legal advice from a family lawyer are recommended, as the process can be nuanced and case-specific.