Spousal Support

When is Spousal Support Ordered?

At the end of a relationship, the spouse with less income may make a support claim from the other, which is in addition to a property settlement. This additional support payment is referred to as “spousal support” in Canada.¹ The Divorce Act², sections 15(2-4) sets out the factors and objectives for an order for spousal support:

Factors – In making an order under subsection (1) or an interim order under subsection (2), the court shall take into consideration the condition, means, needs and other circumstances of each spouse, including:

1. the length of time the spouses cohabited;
2. the functions performed by each spouse during cohabitation; and
3. any order, agreement or arrangement relating to support of either spouse.

Spousal Misconduct – In making an order under subsection (1) or an interim order under subsection (2), the court shall not take into consideration any misconduct of a spouse in relation to the marriage.

Objectives of spousal support order – An order made under subsection (1) or an interim order under subsection (2) that provides for the support of a spouse should

1. recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown;
2. apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage;
3. relieve any economic hardship of the spouses arising from the breakdown of the marriage; and
4. in so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time.

Note that under 15(5), spousal misconduct during the marriage isn’t relevant for the determination of spousal support. We are often asked if one party has an extra-marital affair whether this results in a claim for more money in support. The simple answer is that it does not.³

Lump Sum vs. Monthly Spousal Support

Most often, spousal support orders made by the court are monthly payments. Spousal support may be ordered on a temporary basis (before trial) and/or on a final basis. It is possible for a court to order a lump sum payment, although these cases are not common and usually involve shorter term relationships. Spousal support which is paid monthly is taxable to the recipient and tax deductible to the payor. Lump sum payments should take into account a tax deduction and present value calculation.

Even though courts do not routinely make lump sum orders for spousal support, parties are free to negotiate lump sum agreements. It’s common for parties to want finality and they are able to choose this option if they enter into a final separation agreement. In these cases where parties settle spousal support on a final basis either through a lump sum payment or fixed amount, there is usually a final release of spousal support so that further claims may not be brought in the future.⁴

How is Spousal Support Determined?

The Spousal Support Advisory Guidelines (“SSAG”) are the starting place for determining spousal support.⁵ As the name suggests, the SSAG are not law, but they are used by lawyers and judges as a starting point to determine spousal support.

SSAG ranges

The SSAG produce a range of spousal support (low, mid and high) as well as a range for duration based on the circumstances of the parties. Factors such as incomes, length of relationship,⁶ number of children and age of recipient at the date of separation are all used to determine the appropriate range of spousal support in a particular case. Once the SSAG range is determined, the parties may agree or a court must determine whether it’s appropriate to order an amount of spousal support that falls within the range produced by the SSAG. If a court orders spousal support which falls outside the range, there must be an explanation for this.⁷ The determination of spousal support is not as certain as child support in that there is more discretion used by a court to determine spousal support.

The SSAG ranges are very useful for parties who are seeking to resolve the issue of spousal support outside of court because they provide an objective guide for determining appropriate support.

Calculation Tools for Spousal Support

Lawyers use software to calculate spousal support based on the SSAG.⁸ It can be complicated particularly because the inputs used can make a dramatic difference on the outcome of the support range that is produced. There are, for example, different formulas within the SSAG, such as the “with child support formula” and “without child support formula”. If a child is 18 years or older and lives away for school during part of the year, there is also an “adult child formula”. There are many variations for spousal support depending on variations in the child support payable. This is due to the fact that child support is to be prioritized and then remaining income may be considered for spousal support. Spousal support may be set at a lower amount while children are at home (and child support is payable) but then may be later increased when child support terminates because there is more income available.⁹ There are also tax implications which can complicate the calculation.

Entitlement

It’s important to note that spousal support may not be appropriate in every case even if there is a difference in the parties’ incomes. The SSAG Revised User’s Guide explains the importance of considering entitlement:¹⁰

1. An analysis of entitlement is the crucial first step before any application of the Guidelines. In practice this step is often ignored, the assumption being that any income disparity that produces a positive range for amount under the SSAG formulas means there must be entitlement.
2. The Advisory Guidelines do not determine entitlement. They deal with the amount and duration of support after entitlement has been established. They do not provide an arithmetical basis for entitlement. Entitlement is a threshold issue that must be determined before the Guidelines will be applicable. The existing legal framework recognizes three bases for entitlement: compensatory, non-compensatory, or contractual. If there is a finding of no entitlement, the Guidelines are not applicable. The SSAG formulas may offer some clues, or checks, about entitlement, but nothing more. Even if entitlement is established, the analysis of entitlement will inform many subsequent steps in a SSAG analysis.

Entitlement should be considered in every case and usually involves a review of the circumstances of the relationship. For example, it is not just the length of a relationship which is important. It’s necessary to determine whether the claim for spousal support is “compensatory” or “non-compensatory.”

Compensatory vs Non-Compensatory Claims

In relationships where one spouse has suffered an economic disadvantage, as a result of foregoing career opportunities, the claim for spousal support is “compensatory.” Examples of this are in relationships where one child stays at home to care for the children or the home while the other parent works. In relationships where there has been no economic disadvantage to the recipient spouse but there is nevertheless an income disparity, spousal support is “non-compensatory” or “needs” based. Non-compensatory support is based on economic interdependency and loss of a similar standard of living.

Whether support is compensatory or non-compensatory is relevant for the determination of duration and the amount of support. For example, long term traditional relationships are typically compensatory and would result in longer support (which may be indefinite¹¹) and may also fall within the upper end of the SSAG range.

1. Also referred to as “alimony” in other jurisdictions. ↩︎
2. R.S.C. 1985, c. 3 (2nd Supp) https://laws-lois.justice.gc.ca/eng/acts/d-3.4/page-3.html#h-173185. Note that the Divorce Act only applies to married spouses but there are similar provisions in s. 33 of the Family Law Act, R.S.O. 1990, C. F.3. for unmarried spouses: https://www.ontario.ca/laws/statute/90f03#BK39 ↩︎
3. Although spousal misconduct isn’t a factor in determining support or property entitlements, it’s often raised in family law proceedings when explaining the context of the relationship. ↩︎
4. Spousal support releases cannot be ordered by the court and this is a common reason why these claims are often settled outside of court where parties wish to have finality. These releases are often referred to as “Miglin” releases, named after the Supreme Court of Canada’s decision in Miglin v. Miglin which sets out a two-step test for determining whether pre-existing agreements may be set aside: https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/2055/index.do. Miglin releases are aimed at ensuring that agreements will not be reopened or set aside by the court. ↩︎
5. The SSAG were created two professors, Carol Rogerson and Rollie Thompson, through government funding and were released in 2008: https://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/spag/toc-tdm.html. A Revised User’s Guide was released in 2016 and may be found here: https://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/ug_a1-gu_a1/toc-tdm.html. ↩︎
6. The length of relationship should include both cohabitation and marriage. ↩︎
7. Fisher v. Fisher, 2008 ONCA 11 (Canlii) at 102-103. ↩︎
8. There are online calculators available for simple calculations: https://mysupportcalculator.ca/. ↩︎
9. See the Revised User’s Guide for an explanation of crossover between formulas when child support ends https://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/ug_a1-gu_a1/p14.html. ↩︎
10. https://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/ug_a1-gu_a1/p3.html ↩︎
11. Note that indefinite support is not permanent support: SSAGs, s. 13.8. This rule is directed at aiding spouses who may have difficulty becoming self-sufficient given their age: Iredale v. Dougall 2025ONCA 266 (Canlii) at para 53, citing Politis v. Politis, 2021 ONCA 541, 158 O.R. (3d) 230, at paras. 42-43. ↩︎