In Canadian family law, the amount of spousal support is the easier question. The Spousal Support Advisory Guidelines (SSAG) generate percentage-based ranges that are relatively mechanical to apply. Duration — how long support should last — is harder. The formulas produce ranges, not answers, and courts retain broad discretion to depart from those ranges on the facts. This guide covers the framework, the leading case law, and two worked examples drawn from actual SSAG calculations.
The Foundation: Entitlement Comes First
Before duration becomes relevant, a court must find that the recipient is entitled to spousal support. The Supreme Court of Canada established two independent bases for entitlement. In Moge v. Moge, [1992] 3 SCR 813, the SCC held that marriage is a joint venture and that spousal support can redress the disproportionate economic consequences of the relationship — the compensatory basis. In Bracklow v. Bracklow, [1999] 1 SCR 420, the SCC recognized that needs-based (non-compensatory) support exists independently: a former spouse has an obligation to pay support where the other spouse experiences economic need at the point of marriage breakdown, even if that need does not arise from roles adopted during the marriage. The basis of entitlement matters for duration because compensatory claims, rooted in economic disadvantage from the relationship itself, typically warrant longer support than purely needs-based claims.
The Two SSAG Formulas
Without Child Support Formula
When there are no dependent children, duration is tied to the length of the relationship:
- Minimum duration: 0.5 years of support for each year of cohabitation.
- Maximum duration: 1 year of support for each year of cohabitation.
A 10-year marriage generates a duration range of 5 to 10 years. A 2-year relationship generates 1 to 2 years.
With Child Support Formula
When there are dependent children, duration is determined by two tests: the length-of-marriage test (which mirrors the without-child ranges for longer marriages) and the age-of-children test (which extends support until the youngest child reaches a specified age, typically the end of secondary school). The applicable range is generally the longer of the two. Initial orders under this formula are often indefinite, subject to review as child support obligations end and the recipient has time to move toward self-sufficiency.
The Rule of 65
If the length of the marriage plus the age of the support recipient at separation equals or exceeds 65, the SSAG prescribe indefinite duration. This reflects the reality that older recipients of longer marriages face substantial barriers to re-entering the workforce. The rule applies under the without-child formula and can also influence outcomes under the with-child formula for longer marriages.
In Cassidy v. McNeil, 2010 ONCA 218, the Ontario Court of Appeal held that it was an error for the trial judge to impose a time-limited order where the rule of 65 applied, without explaining the departure from the SSAG's presumptive indefinite duration. The decision confirms the rule of 65 as near-presumptive: a court that departs from it must give reasons.
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Indefinite Support: What It Actually Means
"Indefinite" in the SSAG does not mean permanent. It means no specific end date is set at the time of the order. Indefinite support remains subject to variation if circumstances change — for example, if the recipient achieves self-sufficiency, either party retires, or there is a material change in financial circumstances.
In Reisman v. Reisman, 2014 ONCA 109, the Ontario Court of Appeal overturned a 10-year time limit on support following a 20-year marriage. The court held that for marriages of 20 years or more, the SSAG support indefinite duration — meaning support "subject to the normal process of variation and review." Critically, the court emphasized that amount and duration are a "package deal" and cannot be decoupled: using the SSAG amount formula without also applying the duration formula undermines the framework's coherence.
Indefinite support is most commonly appropriate where:
- Long marriages (20+ years): The recipient's economic disadvantage is deeply entrenched.
- Rule of 65: Years of marriage plus recipient's age at separation equals or exceeds 65.
- Significant economic hardship: Disability, illness, or other circumstances that make self-sufficiency unrealistic.
Restructuring: Trading Duration for Amount
The SSAG explicitly contemplate restructuring — adjusting the trade-off between amount and duration while keeping the overall value of support within the global ranges. The most common form is a step-down order, where support starts higher and decreases over time.
The leading example is Fisher v. Fisher, 2008 ONCA 11. In a 19-year marriage with no children, the Ontario Court of Appeal used the SSAG global ranges to front-end load a periodic award: $3,000 per month for the first period, then $1,500 per month, totaling 7 years. The court held that self-sufficiency is a relative concept — it is not achieved simply because a former spouse can meet basic expenses. A step-down structure can provide meaningful transition support while recognizing the expectation that the recipient will move toward economic independence.
Review Orders vs. Time-Limited Orders
- Time-limited orders set a specific end date. Once it passes, support ends unless the recipient brings a variation application before termination. The onus is on the recipient to seek continuation.
- Review orders set a future date at which the court reassesses entitlement and quantum based on the circumstances at that time. Neither party bears the onus of proving a material change, which distinguishes a review from a variation.
Review orders are common in medium-length marriages where the recipient has some capacity for self-sufficiency but the timeline is uncertain. They provide a built-in check-in point without prematurely cutting off support.
In Gray v. Gray, 2014 ONCA 659, the Ontario Court of Appeal confirmed that the SSAG should be "routinely consulted" on variation applications, not only on initial orders. The court addressed extending duration in a 16-year marriage while keeping the amount within the SSAG range. The decision also noted that complicating factors such as second-family obligations may justify selection at the lower end of the range.
Worked Examples
Example 1: Short Relationship — Time-Limited Support
Brandon earns $110,000 and Nicole earns $45,000. They cohabited for 2 years in British Columbia with no children. Under the without-child support formula:
- Duration range: 1 to 2 years.
- Monthly support range: $163 (low) / $190 (mid) / $217 (high).
Short relationships generate narrow, time-limited ranges. Even at the high end, both the amount and duration are modest. A needs-based claim under Bracklow principles might support an award at the higher end of this range, but the short relationship limits the duration ceiling.
Example 2: Rule of 65 — Indefinite Support
William earns $120,000 and Patricia earns $30,000. They were married for 34 years, and Patricia was 62 at separation. The rule of 65 is easily satisfied (34 + 62 = 96). The 20-year threshold is also independently met.
- Duration: Indefinite.
- Monthly support range: $1,250 (low) / $1,458 (mid) / $1,667 (high).
With a 34-year marriage and the rule of 65 satisfied, both the duration and amount reflect deeply entrenched economic interdependency. Per Cassidy v. McNeil, departing from indefinite duration here would require clear justification. Per Reisman, the amount and duration are a package — a court should not apply the SSAG amount range while imposing a time limit that the duration formula does not support.
Practical Tips
- Run the SSAG ranges early. Generating the duration and amount ranges at the outset of the file anchors negotiation and manages client expectations. The Divorcepath spousal support calculator produces these ranges automatically.
- Consider step-down structures. Following Fisher v. Fisher, a step-down order can restructure the same total dollar value into a more practical transition plan — particularly appropriate for medium-length marriages where the recipient has realistic employment prospects.
- Flag the rule of 65. Clients in longer marriages often do not realize that indefinite support is the presumptive outcome under Cassidy v. McNeil. Raising this early avoids surprises at trial or mediation.
- Build in review dates. For medium-length marriages, a review order at the midpoint of the SSAG range provides flexibility. On review, the court can extend, reduce, or terminate support based on actual circumstances rather than projections.
- Track self-sufficiency efforts. Under Moge, self-sufficiency is only one objective of spousal support, but courts do expect recipients to make reasonable efforts. Document retraining, job searches, and any transitional assistance provided.
Using Divorcepath for Duration Calculations
The Divorcepath spousal support calculator generates SSAG duration ranges based on the relationship length, ages of the parties, and whether child support is payable. It flags when the rule of 65 or the 20-year threshold triggers indefinite support, and it produces both the low and high ends of the amount and duration ranges. The calculator handles the interaction between the with-child and without-child formulas, the custodial payor situation (where the higher-income parent has primary care of the children), and restructuring scenarios — calculations that are difficult to perform manually.
