With dependent children, spousal support in Ontario is usually worked out with the "with child support formula" in the Spousal Support Advisory Guidelines. Child support is set first. Each spouse's net income after tax and child support is then pooled, and the range leaves the recipient with 40 to 46 percent of that pool. Initial orders are usually indefinite in form, with a range for total duration based on the length of the marriage or the children's ages, whichever is longer.
How the with child support formula works, step by step
Our child and spousal support page introduces both kinds of support, and our guide to how the amount of spousal support is worked out compares the two main formulas. This page goes further into the formula used when children are still dependent, which is the most common situation in a separation with young families.
- Check entitlement first. The guidelines do not decide whether support is owed. Under the Divorce Act the court considers each spouse's condition, means, needs and other circumstances (s. 15.2(4)), and one stated objective of an order is to apportion "any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child" (s. 15.2(6)(b)). The Family Law Act says an order should "share the economic burden of child support equitably" (s. 33(8)(b)).
- Set child support. Child support has priority. Under the Divorce Act, when both claims are before the court, the court gives priority to child support (s. 15.3(1)). The table amount and any section 7 expenses are fixed first, as our guide to how child support is calculated explains.
- Calculate each spouse's individual net disposable income. For the payor: guidelines income, minus child support, minus taxes and deductions. For the recipient: guidelines income, minus a notional child support amount for their own income, minus taxes and deductions, plus government benefits and credits (SSAG, summary of the basic formula).
- Divide the pool. Add the two figures together. The range is the spousal support that leaves the recipient with between 40 and 46 percent of the combined individual net disposable income. The guidelines say net income calculations like these need software.
- Set the durational range. The initial order is usually indefinite in form. The guidelines then give a range for total duration using two tests, and whichever produces the longer duration at each end of the range is used (SSAG 8.5).
- Choose a point in the range. Chapter 9 of the guidelines lists factors for locating the amount: the strength of any compensatory claim, the recipient's needs, the age, number, needs and standard of living of the children, the payor's needs and ability to pay, work incentives, property division and debts, and self-sufficiency incentives.
The two duration tests, compared
| Test | Lower end | Upper end | When it usually governs |
|---|---|---|---|
| Length of marriage | One-half year of support for each year of marriage | One year for each year of marriage (indefinite after 20 years, as under the without child support formula) | Marriages of about 10 years or more; always sets the lower end if the children are already in school at separation |
| Age of children | Tied to when the youngest child starts full-time school | When the last or youngest child finishes high school | Shorter marriages with young children |
| How they combine | Whichever test gives the longer duration at each end of the range is used (SSAG 8.5.4). The guidelines call these "softer" limits meant to structure later reviews, not time limits on the first order. | ||
What changes the answer
- Number of children. More children means more child support and less ability to pay spousal support. In the guidelines' own illustration (Example 8.1, using the tax and table figures of the time), a payor earning $80,000 and a recipient earning $20,000 after 11 years produced a monthly range of $474 to $1,025 with two children, $888 to $1,463 with one child, and $79 to $626 with three.
- Section 7 expenses. When the payor shares child care or other special expenses, the spousal support range comes down. In the same illustration, $8,000 a year of child care paid by the recipient, with the payor paying his proportionate share of the net cost, reduced the range to $319 to $925 a month. Our page on special or extraordinary expenses explains those costs.
- Shared or split parenting. The guidelines adjust the calculation for shared parenting, where child support under s. 9 of the Child Support Guidelines applies once each parent has the children at least 40 percent of the time over a year, and for split arrangements, where each parent has one or more children in their primary care (SSAG 8.6 and 8.7). Our page on child support with shared parenting covers the child support side.
- The higher earner has the children. If the parent with primary care also earns more and pays spousal support, the "custodial payor formula" applies: incomes are reduced by grossed-up child support (actual or notional) and the without child support formula is then used (SSAG 8.9).
- Adult children. Where child support for an adult child is set under s. 3(2)(b) of the Child Support Guidelines, a separate hybrid formula applies (SSAG 8.10). See our page on child support after 18.
- Payor income over $350,000. The formulas stop applying automatically above the ceiling; our page on spousal support at high incomes explains what happens then.
- Spousal support squeezed by child support. If giving priority to child support means spousal support was refused or reduced, the court must record its reasons, and a later reduction or end of child support is a change of circumstances for a spousal support claim (Divorce Act, s. 15.3(2) and (3)).
A worked example
For example, imagine Maya and Daniel separate after 7 years of marriage. This is a hypothetical. Their children are 2 and 5 and live mainly with Maya, who works part-time. Daniel earns considerably more and pays table child support.
- Amount: software produces a range that would leave Maya with 40 to 46 percent of the combined net disposable income after child support. If Daniel also pays his share of daycare as a section 7 expense, the range is lower than it would be otherwise.
- Length-of-marriage test: 7 years of marriage gives 3.5 to 7 years.
- Age-of-children test: the upper end runs until the younger child, now 2, finishes high school, which is many years longer than 7. The lower end is tied to when that child starts full-time school.
- Result for duration: because the age-of-children test gives the longer duration at the upper end, it sets the outside limit. The first order would usually be indefinite in form, with reviews as Maya's work increases.
Where the amount lands inside the range depends on the chapter 9 factors, such as how much Maya's career was affected by child care and what Daniel can afford after child support. The example is simplified and leaves the precise figures to software.
Common mistakes with spousal support when there are children
- Using the without child support formula. With dependent children, the with child support formula is the usual one, and it works on net, not gross, income.
- Calculating spousal support before child support. Child support comes first (Divorce Act, s. 15.3(1)).
- Forgetting section 7 expenses. They lower the spousal range and need to be in the calculation.
- Treating the outside duration as an entitlement. The guidelines describe the upper end as an outside limit, not a default.
- Agreeing to a fixed end date too early. With young children, the guidelines expect reviews rather than time limits in initial orders.
- Ignoring government benefits. The recipient's individual net disposable income includes child-related benefits and credits, which affect the range.
What to do this week
- Collect three years of tax returns and notices of assessment for yourself, and whatever you have for your spouse.
- List the children's actual costs, especially child care, health, school and activities.
- Write down the parenting schedule over a typical year, because shared or split arrangements change the formula.
- Note career steps either of you gave up or delayed because of the children.
- Ask for software calculations showing the low, mid and high points of the range.
- Book a free consultation to review the numbers and the duration before you agree on anything.
Frequently asked questions
Does the 40 to 46 percent mean the recipient gets almost half of all income?
Of individual net disposable income, which is after taxes and after each parent's child support contribution is backed out. Measured as household income including child support, the recipient's household often ends up with more than half, because the children live there: in the guidelines' Example 8.1, the range left the recipient and the children with about 52.6 to 57.4 percent of the family's net disposable income.
How long does spousal support last when there are children?
Initial orders are usually indefinite in form. The guidelines give a range using the length-of-marriage and age-of-children tests, whichever is longer at each end. Our page on how long spousal support lasts covers both formulas.
Can I get spousal support if the children live with me half the time?
Possibly. Shared parenting changes the calculation but does not rule out support. The guidelines have a variation for shared custody (SSAG 8.6).
What if I earn more but the children live with me?
The custodial payor formula applies (SSAG 8.9). It reduces both incomes by grossed-up child support and then applies the without child support formula.
Are the guidelines binding in Ontario?
No. Justice Canada says they are not law, but judges often base decisions on them, and they are commonly used under provincial law as well as the Divorce Act.
Can spousal support be paid before the case is decided?
Yes. The court can make an interim order while the application is pending (Divorce Act, s. 15.2(2)). Our page on support before the case is decided explains how.