Spousal support in Canada is calculated using the Spousal Support Advisory Guidelines (SSAGs), which provide formulas for determining the amount and duration of spousal support payments. The Divorcepath spousal support calculator applies these formulas automatically, generating low, mid, and high ranges for both the amount and duration of support.
This guide walks you through creating a spousal support calculation, entering the required information, and understanding your results.
Overview of the Spousal Support Advisory Guidelines
The SSAGs provide two primary formulas for calculating spousal support:
- Without Child Formula — used when there are no dependent children and only spousal support is payable. The amount is based on the difference in the parties' gross incomes and the length of the relationship.
- With Child Formula — used when both child support and spousal support are payable. This formula accounts for child support obligations, taxes, and government benefits to determine spousal support ranges.
Both formulas produce a range of support (low, mid, and high) rather than a single amount. The appropriate amount within the range depends on the specific circumstances of each case. Courts have broad discretion to set support anywhere within the range, or in exceptional cases, outside of it.
Because spousal support is tax-deductible for the payor and taxable income for the recipient, calculating the correct amount requires iterative tax and benefit calculations. The Divorcepath calculator handles this automatically.
Step 1: Create a New Spousal Support Calculation
To get started, navigate to the Spousal Support Calculator in Divorcepath. If you are using Pro Tools, you can create a calculation directly from a client file, which will pre-populate the parties' background information.
- Enter a descriptive name for your calculation (e.g., "Smith v. Smith — Spousal Support").
- Click Save to create the calculation. Your work will be automatically saved as you enter information, and you can return to it at any time.
If you do not yet have a Divorcepath account, you can sign up for free to save your calculations and access basic features.
Step 2: Enter Background Information
Complete the background section for both parties. The following details are required:
- Names — used to personalise your spousal support report. You may use pseudonyms if you prefer.
- Province or territory of residence — determines the applicable tax rates and government benefits, which directly affect the support calculation.
- Dates of birth — used for tax credit and benefit eligibility, and relevant to duration calculations under the SSAGs.
- New partner status — whether either party has re-partnered, which can affect taxes and benefits.
Step 3: Enter Relationship Details
The length and type of relationship are central to spousal support calculations under the SSAGs. Enter the following:
- Date of marriage or cohabitation — the start date of the relationship. For married couples who lived together before the wedding, the cohabitation date is typically used.
- Date of separation — the date the parties separated. The length of the relationship is measured from the start of cohabitation to the date of separation.
- Type of relationship — whether the parties were married or in a common-law relationship. This can affect entitlement to spousal support under provincial legislation.
Under the Without Child formula, the length of the relationship directly determines both the amount and duration of support. Longer relationships generally result in higher support amounts payable for longer periods.
Step 4: Add Children (If Applicable)
If there are dependent children, the With Child formula will apply. Add each child and specify:
- Date of birth — to determine whether the child is a dependent.
- Parenting arrangement — whether the child lives primarily with one parent or in a shared arrangement. This determines the child support calculation, which in turn affects the spousal support calculation.
Child support is calculated first, and the spousal support formula then accounts for child support obligations when determining the appropriate range. The calculator handles the interaction between child and spousal support automatically.
Step 5: Enter Income for Both Parties
Accurate income information for both parties is essential. Spousal support under the SSAGs is calculated based on the income available to each party after accounting for taxes, government benefits, and child support obligations.
For each party, enter all sources of income:
- Employment income — T4 employment earnings.
- Self-employment income — net business income.
- Investment income — dividends, interest, rental income, and capital gains.
- Pension income — CPP, OAS, or private pension income.
- Government benefits — EI, disability, social assistance, or other benefits.
- Other income — any additional income sources.
If adjustments to Guideline Income are required (for example, to impute income or account for non-taxable income), use the Guideline Income Adjustments section to add each adjustment. These adjustments will be reflected in your spousal support report.
Step 6: Select the Custody Arrangement
The custody or parenting arrangement affects which SSAG formula applies and how support is calculated:
- Primary parenting (sole custody) — if the children live primarily with one parent, child support is paid by the non-custodial parent, and spousal support is calculated using the standard With Child formula.
- Shared parenting — if the children spend roughly equal time with both parents, child support is calculated using a set-off, which changes the spousal support calculation.
- Split parenting — if some children live primarily with one parent and others with the other parent, a split parenting formula applies.
- Custodial payor — if the higher-income party also has primary care of the children, a special sub-formula applies.
The calculator automatically selects the correct formula based on the parenting arrangement and income information you have entered.
Step 7: Review Your Results
After entering all required information, click Calculate to generate your results. The calculator will display:
Spousal Support Ranges
The SSAGs produce a range of spousal support, not a single amount. Your results will show:
- Low range — the minimum amount of support suggested by the SSAGs.
- Mid range — the midpoint of the suggested range, which is often used as a starting point in negotiations.
- High range — the maximum amount of support suggested by the SSAGs.
Each amount is shown as a monthly payment. The appropriate amount within the range depends on factors such as the recipient's needs, the payor's ability to pay, and the standard of living during the relationship.
Duration of Support
The SSAGs also suggest a range for the duration of spousal support payments:
- Under the Without Child formula, duration is tied to the length of the relationship. The general guideline is 0.5 to 1 year of support for each year of relationship, with indefinite (no time limit) support possible for relationships of 20 years or longer, or where the years of relationship plus the recipient's age at separation total 65 or more (the "rule of 65").
- Under the With Child formula, duration ranges depend on the age of the youngest child and the length of the relationship.
Monthly Budget and Net Income
The results section also includes a monthly budget breakdown showing each party's estimated net income after taxes, benefits, child support, and spousal support. This is useful for assessing the practical impact of different support amounts and for presenting financial information to the court.
Generating a PDF Report
Divorcepath enables you to generate courtroom-ready PDF reports based on your spousal support calculation. To create a report:
- Click Generate Report in the results section.
- Select the report type:
- Detailed Spousal Support Report — includes explanatory notes, charts, and full calculation details. Suitable for court, mediation, or negotiation.
- Condensed Spousal Support Report — includes all calculation details in a concise format typically used by legal professionals and courts.
- Download or print your report.
Reports include all inputs, Guideline Income calculations, tax and benefit details, and the spousal support ranges with duration estimates. They are formatted for use in court proceedings, mediation, or settlement negotiations.
Sharing Calculations
You can share your spousal support calculation with another party, a lawyer, or a mediator. From the calculation screen:
- Use the Share option to generate a link that allows another person to view (but not edit) your calculation.
- Alternatively, generate and send a PDF report, which provides a self-contained summary of the calculation and results.
Sharing calculations can help facilitate negotiation and ensure both parties are working from the same financial information.
Scenario Comparison (Pro Tools)
The Pro Tools version of the spousal support calculator includes a scenario comparison feature, which allows you to compare multiple support scenarios side by side. This is particularly useful for:
- Comparing the financial impact of low, mid, and high range support amounts.
- Modelling the effect of different income assumptions or custody arrangements.
- Preparing for negotiation by understanding the range of possible outcomes.
Key Considerations
A few important points to keep in mind when calculating spousal support:
- Entitlement is not automatic. The SSAGs address the amount and duration of support, but they do not determine whether a party is entitled to support in the first place. Entitlement must be established based on the circumstances of the relationship.
- The SSAGs are advisory, not mandatory. Courts are not required to follow the SSAG ranges, although they are widely used and frequently relied upon across Canada.
- Spousal support interacts with child support. Where both types of support are payable, child support takes priority. The spousal support calculation accounts for child support obligations.
- Tax treatment matters. Spousal support is tax-deductible for the payor and taxable for the recipient. The calculator accounts for this, but the actual tax impact will depend on each party's overall tax situation.
- Income determination can be complex. If you are dealing with self-employment income, corporate income, or other non-standard income sources, you may wish to consult a family lawyer for advice on the correct income to use.
Need Help?
If you need assistance using the spousal support calculator, our support team is available by email or in-app chat. While we cannot provide legal advice, we can help you understand how to use the calculator and enter your information correctly.
If your question requires legal advice or representation, we can refer you to a family law lawyer in your area. Please feel free to contact us for a referral.
