Once a spouse is entitled to support, Ontario courts and lawyers usually estimate the amount with the federal Spousal Support Advisory Guidelines. They produce a range, not a single number: without children, 1.5 to 2 per cent of the gross income difference for each year of cohabitation; with children, an amount that leaves the recipient with 40 to 46 per cent of the couple's combined net disposable income.
How the amount of spousal support is worked out, step by step
Unlike child support, spousal support has no binding table. Instead, the Spousal Support Advisory Guidelines, developed by two law professors with Department of Justice funding, suggest ranges for amount and duration. The Department of Justice states plainly that the guidelines are not law, but judges often base their decisions on them and many family lawyers use them in negotiations. For the wider context of support, see our child and spousal support page.
The process usually runs in this order:
- Confirm entitlement. The guidelines only apply once entitlement is found or agreed. A difference in incomes alone is not enough; see who is entitled to spousal support.
- Find each spouse's income. The starting point under both formulas is the income definition in the Federal Child Support Guidelines, with some adjustments for spousal support; see what counts as income for support.
- Pick the formula. If there is a dependent child and a child support obligation, the with child support formula applies. If not, the without child support formula applies. There are variations for shared and split parenting, for a custodial payor, and for adult children.
- Calculate the range. The formula gives a low, middle and high amount, and a duration range.
- Choose a point within the range. The guidelines name the factors: the strength of any compensatory claim, the recipient's needs, the age, number, needs and standard of living of any children, the payor's needs and ability to pay, work incentives for the payor, property division and debts, and self-sufficiency incentives.
- Check for exceptions and restructuring. The guidelines list exceptions, and amount and duration can be traded off against each other or turned into a lump sum.
The two main formulas compared
| Feature | Without child support formula | With child support formula |
|---|---|---|
| When it applies | No dependent child or concurrent child support obligation when support is determined | A dependent child and a child support obligation exist |
| Income used | Gross incomes | Net incomes, after taxes, deductions and child support (individual net disposable income) |
| Amount | 1.5 to 2 per cent of the gross income difference for each year of cohabitation, up to 50 per cent; for 25 years or more, 37.5 to 50 per cent, capped at equal net incomes | The amount that leaves the recipient with 40 to 46 per cent of the combined individual net disposable income |
| Duration | 0.5 to 1 year of support per year of cohabitation; indefinite if 20 years or more, or under the "rule of 65" | Initial orders indefinite, with a durational range set by the length-of-marriage or age-of-children test, whichever is longer |
| Rationale named in the guidelines | "Merger over time" of the spouses' lives | "Parental partnership": the continuing disadvantage of caring for children |
Net income calculations under the with child support formula require software, as the guidelines themselves note. The duration side of both formulas is explained in our page on how long spousal support lasts.
How the with child support formula works
When there are dependent children, the guidelines treat the case differently. Child support must be paid first, the payor usually has less ability to pay, and tax and benefit issues arise. The guidelines describe the main reason for support in these cases as compensatory: the continuing economic disadvantage of present and future child care, which section 15.2(6)(b) of the Divorce Act addresses.
The basic formula has two steps. First, each spouse's individual net disposable income is calculated. For the payor, that is guidelines income minus child support, minus taxes and deductions. For the recipient, it is guidelines income minus a notional child support amount, minus taxes and deductions, plus government benefits and credits. Second, the two figures are added together, and the range is the spousal support that would leave the recipient with between 40 and 46 per cent of that combined pool.
Because the formula works on after-tax money and backs out each parent's contribution to the children, the result reflects what each household actually has to live on. There are variations for shared and split parenting, a hybrid formula where the parent with the children is the one paying spousal support, and another for adult children whose support is set under section 3(2)(b) of the child support guidelines.
Ceilings, floors and exceptions
The 2008 guidelines set an income ceiling and floor for the payor. Above a gross annual payor income of $350,000, the formula gives way to discretion. Below $20,000, no support is usually paid. Between $20,000 and $30,000, support may not be awarded or may be reduced below the low end of the range, to avoid a cliff effect, and there is an exception allowing support below the floor in particular cases.
The guidelines also list common exceptions where the formula result may be inappropriate, including compelling financial circumstances in the interim period, debt payment, prior support obligations, illness and disability, the compensatory exception in short marriages without children, basic needs or hardship, non-taxable payor income, and the special needs of a child. Because the guidelines are advisory, departures are possible case by case.
What changes the answer
- Entitlement basis. The guidelines say the basis of entitlement affects where the amount sits within the range, not just whether support is paid.
- Agreements. The guidelines cannot override existing agreements, especially those that time-limit or waive support. Under the Family Law Act, a court can still set aside a support waiver in listed situations (s. 33(4)).
- Children and child support. Child support is decided first and has priority (Divorce Act s. 15.3; Family Law Act s. 38.1). The child support amount feeds into the with child support formula; see how child support is calculated. Shared parenting changes the calculation again; see child support with shared parenting.
- Tax. Because periodic spousal support is generally deductible to the payor and taxable to the recipient, net figures matter; see support and taxes.
- Common-law relationships. The guidelines were designed for the Divorce Act; provincial statutes differ, especially on entitlement for unmarried couples. See common-law spousal support.
- Later changes. Income changes, retirement or remarriage can lead to a variation; see changing or ending spousal support.
A worked example (without children)
For example, imagine a married couple in Toronto with no children who separate after 10 years of living together. One spouse earns $120,000 a year and the other $40,000. Assume entitlement is accepted.
The gross income difference is $80,000. The amount range is 1.5 to 2 per cent of that difference for each year of cohabitation: 15 to 20 per cent for 10 years. That gives $12,000 to $16,000 a year, or about $1,000 to $1,333 a month. The duration range is 0.5 to 1 year of support for each year of cohabitation: 5 to 10 years. Because the relationship lasted less than 20 years, the result is not indefinite unless the rule of 65 applies (the recipient's age at separation plus the years of the relationship equals 65 or more, for a relationship of at least five years). If the recipient was 56 at separation, 56 plus 10 equals 66, and the duration would be indefinite under the rule of 65.
This example is hypothetical and uses only the without child support formula. Cases with children need the with child support formula, which works on net incomes.
Common mistakes about the amount
- Treating the guidelines as law. They are advisory. Courts often follow them, but they can depart, and agreements can differ.
- Using the formula before settling entitlement. The guidelines say a mere income difference does not create entitlement.
- Using net income in the without child support formula. That formula uses gross incomes; the with child support formula uses net incomes.
- Ignoring the range. Arguing for the high end without addressing the factors that justify it rarely works.
- Forgetting interim periods. The guidelines intend interim support to count toward the durational limits; see support before the case is decided.
- Overlooking restructuring. A lump sum or a different mix of amount and duration can sometimes suit both spouses better.
What to do this week
- Gather three years of tax returns and notices of assessment for both spouses, if available.
- Write down the dates you began living together and separated, and each spouse's age at separation.
- List the children, their ages and the parenting schedule, and any child support being paid.
- Note any agreement that mentions spousal support.
- Prepare a household budget showing needs after separation.
- Book a free consultation with us to run the guideline ranges with proper software and discuss where in the range your case may fall.
Frequently asked questions
Are the guidelines used in Ontario even though they are federal?
Yes. They were designed for the Divorce Act, and the Department of Justice notes that courts and lawyers also often use them under provincial law. Provincial differences, especially for unmarried couples and agreements, must be taken into account.
Is the middle of the range the usual result?
There is no automatic default. The guidelines describe factors that move the amount up or down within the range, and the outcome depends on the facts or the negotiation.
What if the payor earns more than $350,000?
Above that ceiling, the 2008 guidelines say the formula gives way to discretion. The formula can still inform the result, but the court looks more closely at the specific circumstances.
Can spousal support be paid as a lump sum?
Yes. The Divorce Act allows lump sum or periodic payments (s. 15.2(1)), and the Family Law Act allows a lump sum order (s. 34(1)(b)). Tax treatment differs, so check before agreeing.
Does the recipient's new partner affect the amount?
A new relationship can be relevant to need and to a later variation, but it does not automatically end support. See changing spousal support.
Do I need software?
For the with child support formula, yes in practice: the guidelines say net income computations require computer software. The without child support formula can be estimated by hand, as in the example above.
Does property division affect the amount?
It can. The guidelines list property division and debts among the factors that influence where in the range the amount falls. The Family Law Act also says a spousal support order should relieve financial hardship if that has not been done by property and matrimonial home orders (s. 33(8)(d)).