What Is Spousal Support and How Long Does It Last?

What the SSAG guidelines are

The Spousal Support Advisory Guidelines (SSAG) are a framework developed by Professors Rollie Thompson and Carol Rogerson for the Department of Justice Canada. They provide formulas for calculating both the amount and duration of spousal support.

An important distinction: the SSAG are advisory, not legislation. Unlike child support, which is governed by the Federal Child Support Guidelines with binding tables, spousal support is ultimately at the court's discretion. The SSAG provide a starting point that most courts use, but judges can and do depart from the guideline ranges when the facts of the case warrant it.

Who is entitled to spousal support?

Before the SSAG formulas apply, there must be an entitlement to spousal support. Entitlement is a separate legal question from the amount. The main bases for entitlement are:

• Compensatory: one spouse made sacrifices during the relationship (career, education, earning capacity) that benefited the other or the family
• Non-compensatory: one spouse has a need and the other has the ability to pay, regardless of specific sacrifices
• Contractual: the spouses agreed to support terms in a marriage contract or cohabitation agreement

In practice, entitlement is more likely to be established in longer relationships, especially where there is a significant income gap between the spouses.

Without dependent children: the basic formula

When there are no dependent children, the SSAG uses a straightforward formula based on the income difference between the spouses and the length of the relationship.

Amount range

The guidelines suggest:

• Low end: 1.5% of the income difference, multiplied by the number of years of cohabitation
• High end: 2.0% of the income difference, multiplied by the number of years of cohabitation
• Maximum cap: 50% of the income difference (regardless of relationship length)

The amount is also capped so that the recipient's income (including support) does not exceed the payor's income after paying support. This is the NDI equalization ceiling.

Duration range

• Low end: 0.5 years of support for each year of cohabitation
• High end: 1.0 year of support for each year of cohabitation

For a 10-year relationship, that means 5 to 10 years of support. For a 20-year relationship, 10 to 20 years.

The Rule of 65

The Rule of 65 is one of the most significant provisions in the SSAG. It applies when:

• The recipient's age at separation plus the years of cohabitation equals 65 or more

When the Rule of 65 applies, the guidelines suggest that support may be indefinite in duration (not time-limited). This does not mean support lasts forever, but it means there is no predetermined end date.

Example: A recipient who is 50 years old after a 16-year marriage (50 + 16 = 66) would meet the Rule of 65 threshold. The guidelines would suggest indefinite duration.

The Rule of 65 also applies automatically to marriages of 20 years or longer, regardless of the recipient's age.

With dependent children: the INDI formula

When there are dependent children, the SSAG uses a more complex formula based on Individual Net Disposable Income (INDI). This formula accounts for child support obligations, taxes, and government benefits.

How it works

1. Calculate each spouse's net income after taxes, CPP, EI, and other deductions
2. Subtract child support paid (or add child support received)
3. Add applicable government benefits (Canada Child Benefit, GST credit)
4. The result is each spouse's INDI

The guidelines then suggest that the lower-income spouse should receive between 40% and 46% of the combined INDI.

Duration

In with-children cases, duration is typically the longer of:

• The length of the marriage
• The period until the youngest child finishes high school (or reaches a similar milestone)

This means that in long marriages with young children, duration can be substantial.

Factors that affect the range

Courts consider many factors when deciding where within the SSAG range to set the actual amount:

• Age of the recipient (older recipients may have more difficulty becoming self-sufficient)
• Health and ability to work
• Standard of living during the relationship
• Roles during the relationship (primary caregiver, career supporter)
• Steps toward self-sufficiency (education, retraining, job searching)
• Length of the relationship (longer relationships generally mean higher within the range)

Common misconceptions

"Spousal support is automatic." Not true. Entitlement must be established. Short relationships between two working spouses with similar incomes may not give rise to any spousal support obligation.

"Spousal support lasts forever." Rarely. Even when the Rule of 65 suggests indefinite duration, this means "no fixed end date," not "permanent." Support can be reviewed and varied when circumstances change.

"The SSAG numbers are binding." Not true. Courts use the SSAG as a starting point. The actual amount can be above or below the guideline range depending on the circumstances.