Spousal Support
Canadian Spousal Support
Complete Advisory Guide
Spousal support (alimony) in Canada is governed by the Divorce Act and SSAG. Understanding entitlement, quantum, and duration is essential for fair negotiations.
Bases for Spousal Support Entitlement
Before calculating amounts, courts must determine if there is entitlement to spousal support.
Compensatory
One spouse sacrificed career for family - entitled to compensation for economic disadvantage
Non-Compensatory
Need-based support when one spouse cannot meet basic needs post-separation
Contractual
Support obligations agreed in a marriage contract or separation agreement
SSAG provides ranges for amount and duration only after entitlement is established. Not everyone is entitled to spousal support - factors like relationship length, income disparity, and economic impact of the relationship are considered.
Applying the SSAG
Once entitlement is established, SSAG provides ranges based on several factors.
Key SSAG Factors
- Length of the relationship/marriage
- Income disparity between spouses
- Age of each spouse
- Presence of dependent children
- Career sacrifices made during relationship
- Health and ability to become self-sufficient
Quantum Considerations
Courts consider where within the SSAG range to order:
- High end: Strong compensatory claims, disability, long marriage
- Mid-range: Typical cases with standard factors
- Low end: Short marriage, self-sufficiency achievable
- Outside range: Exceptional circumstances only
Duration Guidelines
Without Child Support Formula:
- Duration: 0.5 to 1 year per year of marriage
- Long marriages (20+ years): Indefinite possible
- Rule of 65: Age + years = 65 may mean indefinite
With Child Support Formula:
- Initial duration tied to child's education completion
- Review when child support ends
- May continue post-children indefinitely
Termination Events
Spousal support may end upon:
- Death of either party
- Remarriage of recipient (sometimes)
- Cohabitation with new partner
- Significant improvement in recipient's income
- Retirement of payor (may trigger variation)
- Expiry of fixed term
Note: Remarriage or cohabitation does not automatically terminate support in all cases.
Variation and Review
Material Change
Support can be varied upon a "material change in circumstances" - significant, unforeseen change affecting ability to pay or need.
Review Provisions
Separation agreements often include review clauses allowing reassessment at specific times (e.g., when children finish school).
Retroactive Changes
Courts may order retroactive variation if delay in applying was unreasonable, but this is discretionary.
Calculate Your Spousal Support Range
Get accurate SSAG calculations based on your specific circumstances.