The Spousal Support Advisory Guidelines (SSAG) Explained

If you have been told "the SSAG range is X to Y", you may have nodded along without really knowing where those numbers came from. That is common, and it puts you at a disadvantage in a negotiation that may shape your finances for years. This guide explains what the SSAG are, how the two main formulas work, what moves an outcome up or down the range, and how to use the range without being boxed in by it.

What are the Spousal Support Advisory Guidelines?

The SSAG were developed by law professors Carol Rogerson and Rollie Thompson, with support from the federal Department of Justice. The final version was released in 2008, and a revised user's guide followed in 2016. They are not legislation, and no court is required to follow them.

Even so, they are used in almost every spousal support negotiation in Canada and are regularly cited by courts, including appeal courts. The reason is practical: they turn a vague, discretionary question into a structured range based on income and the length of the relationship.

The SSAG don't tell you what support will be. They tell you where it is likely to fall. Negotiation, and if necessary a judge, decides where in the range you land.

They also have limits. The formulas are designed for payor incomes between $20,000 and $350,000 a year. Below the floor, support is usually not paid; above the ceiling, the formula gives way to discretion. If you are in Quebec, or if you were never married, check whether provincial law gives you a right to spousal support at all; Quebec de facto spouses, for example, have none.

Step one: entitlement comes first

The SSAG only apply after it is decided that support is owed. That is a separate question with three possible bases:

• Compensatory: one spouse made economic sacrifices during the relationship, such as reducing work or relocating, and the other benefited
• Non-compensatory: one spouse is in genuine need at the end of the relationship and the other can pay
• Contractual: the couple agreed to support in a marriage contract or cohabitation agreement

If one person argues no support is owed, that has to be resolved first. Our spousal support guide covers entitlement in more depth.

What are the two SSAG formulas?

There are two main formulas: one for couples without dependent children, and one for couples with them. They work quite differently.

Without-child formula

The inputs are each spouse's gross annual income and the length of cohabitation, which counts from when you started living together, not the wedding date, to separation.

Amount: 1.5 to 2 percent of the gross income difference, multiplied by the years of cohabitation, up to a maximum of 50 percent of the difference. The upper end is also capped so that it never gives the recipient more than half of the couple's combined net income.

Duration: half a year to one year of support for each year of cohabitation. Duration is indefinite (no end date set) if the relationship lasted 20 years or more, or if it lasted at least five years and the recipient's age at separation plus the years together add up to 65 or more. That second test is called the rule of 65.

With-child formula

When there are dependent children, child support is calculated first, because it has priority. The with-child formula then:

• Works from each spouse's net disposable income after child support and taxes are accounted for
• Aims to leave the lower-income spouse with between 40 and 46 percent of the couple's combined net disposable income
• Sets duration using two tests. At the top end, the longer of the length of the marriage or until the youngest child finishes high school. At the low end, the longer of half the length of the marriage or until the youngest child starts full-time school
• Needs to be rerun when child support changes, for example when a child finishes school or parenting time shifts

Because child support, tax and benefits all interact, this formula needs software. Small changes in one input shift the whole range.

There is also a third, hybrid formula for cases where the parent with the children is the one paying spousal support.

What pushes support toward the higher end of the range?

• A long relationship, with more economic integration and sacrifice
• Significant career sacrifice: leaving work, relocating, or passing up advancement for the family
• Older age at separation, with less time to rebuild earning capacity
• Health limitations that affect the ability to work
• Primary care of young children, which limits availability for work
• Strong need, for example a recipient who cannot meet basic expenses on their own income

The low end tends to fit shorter relationships, both people still working, little career disruption, and good prospects for self-sufficiency. Factors like the payor carrying most of the family debt, or the recipient receiving a large property settlement, can also pull toward the lower end.

How long does spousal support last under the SSAG?

Many people assume support lasts exactly as long as the marriage. Under the SSAG, it usually doesn't. A 10-year relationship without children produces a duration range of 5 to 10 years. A 4-year relationship produces 2 to 4 years.

Indefinite support, after long relationships or under the rule of 65, means no end date is set at the start. It does not mean permanent. It can be reviewed or varied when circumstances change, for example if the recipient's income grows, the payor retires in good faith, or the recipient repartners.

Lump sum versus periodic payments

The SSAG produce monthly figures, but you can agree to structure support differently. A lump sum, calculated to approximate the value of the monthly payments, gives both sides a clean break. The tax treatment is different: in Canada, periodic support under a written agreement or order is deductible for the payor and taxable for the recipient, while a lump sum is generally neither. That difference has to be built into any lump-sum figure, or one of you will lose out. Our guide to separation and taxes in Canada explains the rules.

The SSAG and self-sufficiency

The SSAG assume the recipient will, where reasonably possible, move toward supporting themselves. That does not mean immediately, and for some people after a long marriage it may never be fully realistic. But courts and negotiators do look at what steps the recipient is taking: retraining, returning to work, building hours.

If a recipient has good earning prospects and is not pursuing them, income can be imputed, which lowers support. If you are the recipient, a written plan for getting back to work, with realistic timelines and costs, strengthens your position and often supports a higher amount in the early years.

Why knowing the range matters before you negotiate

The SSAG range is the benchmark everyone will measure your proposal against. Without it, you are negotiating blind.

You do not have to land inside it. People agree to amounts outside the range for good reasons: a higher amount for a shorter period, a lower amount in exchange for more of the property, or a lump sum for finality. What matters is knowing what you are departing from and why, so you can tell whether the trade is a good one.

What to do this week

1. Confirm your dates: when you started living together and when you separated. They drive both amount and duration.
2. Gather three years of income documents for both of you, including any self-employment or bonus income.
3. Run the range with the FairWell spousal support calculator and save the result.
4. Note where you think you sit in the range and why: career sacrifice, health, age, children.
5. If there are children, or incomes are complex, ask a family lawyer or mediator to run the full with-child calculation using professional software before you agree to a number.

Common questions

Are the SSAG mandatory?

No. They are advisory, not law, but courts and lawyers across Canada use them routinely, so outcomes outside the range need a reason.

Does the SSAG apply to common-law couples?

The formulas can be used for common-law couples where provincial law gives a right to spousal support. Quebec de facto spouses have no right to spousal support, so the SSAG do not help there.

What is the rule of 65?

Under the without-child formula, support is indefinite if the relationship lasted at least five years and the recipient's age at separation plus the years together add up to 65 or more.

Can we agree to an amount outside the SSAG range?

Yes. Spousal support can be negotiated, unlike child support. But an agreement made without full disclosure or independent legal advice is more vulnerable to challenge later.

This guide is legal information, not legal advice, and it is written for a general audience across Canada and the United States. Family law is provincial and state-based and changes over time. Before you rely on anything here for your own situation, confirm it with a qualified family lawyer in your province or state. FairWell can connect you with one through the professional directory.