Spousal Support Advisory Guidelines
The Spousal Support Advisory Guidelines are an attempt to capture how the majority of Canadian courts have determined how much support should be paid, and how long support should be paid for, in mathematical formulas. The guidelines can be used for married spouses under the Divorce Act or unmarried spouses under the Family Law Act.
Resources
The Spousal Support Advisory Guidelines are online: Spousal Support Advisory Guidelines
Support based on the total disposable income available to both parties
Rather than looking at each person’s needs and means separately, the Advisory Guidelines calculate support based on the total disposable income available to both parties. The guidelines do not deal with the matter of whether a spouse is entitled to support or not. They are applied after entitlement has been determined.
When no child support is paid, the length of the marriage is central in determining both the amount of support payable and the duration for which support must be paid. The longer the relationship, the more support is paid. The parties’ gross incomes are used to determine spousal support.
When child support is paid, the amount of support payable will be calculated taking into consideration the payment of child support and the different tax rules relating to spousal support and child support. The parties’ net incomes are used to determine spousal support.
Advisory Guidelines provide a range for the amount and duration of support
Unlike the federal Child Support Guidelines, the Advisory Guidelines provide a range for the amount and duration of support. The precise number chosen within that range is still a matter for negotiation or adjudication, depending upon the facts of a particular case.
The key factors in determining the length of time for which support will be paid are the length of the marriage plus any period of time the parties lived together before marriage, the age of the recipient of support and the age of the youngest child.
Visit DivorceMate 's new website, mysupportcalculator.ca , to use their free spousal support calculator.
Upper and Lower Income Limits
The Advisory Guidelines has both floors and ceilings: where a payor’s income is below $20,000, no spousal support will be payable; and, where a payor’s income exceeds $350,000, the payor should pay at the amount for incomes of $350,000. The payor’s income above that ceiling will be taken into account only at the discretion of the court.
Factors such as advanced age, illness, and debt obligations may change formulas. Restructuring of a support award to pay more for a shorter time, to pay less for a longer time or to pay it all up front in one lump sum are allowed under the Advisory Guidelines.
