Advisory Guidelines

Spousal Support in Canada

Understand spousal support entitlement, calculation using SSAG, duration, and when support can be changed or terminated.

SSAG

Advisory Guidelines

3 Bases

Entitlement

Not Taxable

Since May 2019

Tax Treatment Changed in 2019

Spousal support is NO LONGER tax deductible for the payor or taxable income for the recipient for orders/agreements made after May 1, 2019. This significantly affects the economics. Orders before May 1, 2019 are grandfathered under old tax treatment.

Bases for Spousal Support Entitlement

You must establish entitlement before amount is calculated

Compensatory

Compensation for economic disadvantage from marriage/relationship (e.g., gave up career to raise children)

Non-Compensatory

Recognition of ongoing need arising from the relationship (e.g., long marriage, economic dependency)

Contractual

Agreement between spouses (separation agreement or court order)

SSAG Formulas

Three formulas depending on your situation

With Child Support Formula

Duration: Usually 0.5 to 1 year per year of marriage

When used: Paying spouse pays child support

Calculation: (Payor income - child support paid) × 0.015 - 0.02 = monthly range

Lower amounts because already paying child support

Without Child Support Formula

Duration: 0.5 to 1 year per year of marriage (longer marriages = longer support)

When used: No dependent children or no child support payable

Calculation: (Payor income - recipient income) × 1.5% - 2% per year married = monthly range

Higher percentages for longer marriages

Custodial Payor Formula

Duration: Usually shorter than other formulas

When used: Payor has primary care of children

Calculation: Special formula reducing amount to reflect payor's child care costs

Rare situation

Duration of Spousal Support

Factors affecting how long support lasts

Length of marriage/cohabitation (longer = longer support)
Age of recipient at separation (older = longer support)
Recipient's ability to become self-sufficient (education, work history, employability)
Time out of workforce (caring for children)
Health issues limiting employability
Roles during marriage (primary earner vs. homemaker)
Long marriages (20+ years) may result in indefinite support
Short marriages (< 5 years) usually short-term support

When Spousal Support Ends

Events that can reduce, suspend, or terminate support

Remarriage of recipient (automatic termination in some provinces)
Cohabitation of recipient with new partner (may reduce or terminate)
Material change in circumstances (job loss, retirement, illness)
Achievement of self-sufficiency
Death of either party
Agreement specifies end date or event
Court order for review and potential termination

Frequently Asked Questions

How much spousal support will I pay or receive?

How long does spousal support last?

Are the SSAG legally binding?

Can I get spousal support as a common-law spouse?

What if my ex remarries or lives with someone new?

Can spousal support be changed after it's ordered?

Is spousal support tax deductible in Canada?

What's the difference between spousal support and child support?

Calculate Your Spousal Support with SSAG

Splitifi's SSAG calculator provides accurate ranges based on the official Spousal Support Advisory Guidelines used by Canadian courts.