Legal & Financial

The Spousal Support Advisory
Guidelines: A Plain-English
Explanation

What the SSAG actually are, how the two formulas work, what moves an outcome toward the high or low end, and why you need the range before any negotiation starts.

10 min read  ·  Canada

The Spousal Support Advisory Guidelines are probably the most referenced tool in Canadian spousal support negotiations, and also one of the least understood by the people they affect most. Here's what they actually are, what they do, and what they don't.

What the SSAG are (and what they aren't)

The Spousal Support Advisory Guidelines were published in 2008 by law professors Carol Rogerson and Rollie Thompson, with federal funding. They were updated in 2016. They are advisory documents, not legislation, not binding law. No court is required to follow them.

And yet they're used in almost every spousal support negotiation in Canada, and courts cite them constantly. Why? Because they produce structured, principled, income-based ranges that give both sides a framework for discussion. Without the SSAG, spousal support would be even more unpredictable than it already is.

The SSAG don't tell you what support will be. They tell you the range within which support would likely fall, given the facts. Negotiation and judicial discretion determine where you land in that range.

Step one: entitlement comes first

The SSAG don't apply until entitlement is established. That's a separate analysis.

Entitlement in Canada is based on three grounds: compensatory (economic sacrifices made during the relationship), non-compensatory (genuine need at the end of the relationship), and contractual (what the parties agreed to in a prior agreement). The SSAG assume entitlement exists. They don't resolve whether it does.

If entitlement is disputed, if one party argues no support is owed, that question has to be resolved before the SSAG formula becomes relevant.

The two formulas

The SSAG have two main formulas: one for relationships without children, and one for relationships with children. They work quite differently.

Without-child formula

This formula is straightforward. The inputs are:

Amount range: 1.5% to 2% of the gross income difference, multiplied by years of cohabitation.

Duration range: 0.5 to 1 year of support for each year of cohabitation, with a minimum of 1 year and a ceiling equal to the length of the relationship.

Worked example

15 years together, gross incomes of $120,000 and $55,000 (difference of $65,000).

Low end: $65,000 × 1.5% × 15 years = $14,625/year ($1,219/month), for 7.5 years

High end: $65,000 × 2% × 15 years = $19,500/year ($1,625/month), for 15 years

The negotiation happens in the space between those bookends.

With-child formula

When children are in the picture, the formula becomes more involved because child support and spousal support interact economically. The with-child formula:

The with-child formula requires actual numbers to run properly. The interaction between child support and spousal support means a small change in one affects the other.

What pushes support toward the higher end of the range?

Several factors tend to move the outcome toward the top of the SSAG range:

The low end of the range tends to apply to shorter relationships, both parties still working, minimal career disruption, and reasonable prospects for self-sufficiency.

Duration: a common source of confusion

Many people assume support lasts as long as the marriage lasted. The SSAG don't work that way.

Duration follows the range formula, half a year to a year of support per year of cohabitation. A 10-year relationship produces a duration range of 5 to 10 years. A 5-year relationship might produce 2.5 to 5 years.

For longer marriages, or where the duration range would exceed the relationship length, courts may order indefinite support, no fixed end date. Indefinite doesn't mean permanent. It means the obligation remains reviewable as circumstances change: the recipient becomes more self-sufficient, enters a new relationship, or the payor's income changes materially.

Lump sum versus periodic payments

The SSAG produce monthly ranges, but parties can agree to structure support differently. A lump-sum payment calculated to approximate the present value of periodic payments is sometimes used for finality, both parties want to draw a clean line. Lump-sum spousal support is generally not tax-deductible for the payor and not taxable for the recipient in Canada, which affects the real economics compared to periodic payments.

The SSAG and self-sufficiency

Built into the SSAG is an expectation that the receiving spouse will, where reasonably possible, move toward self-sufficiency over the support period. This doesn't mean becoming fully independent immediately, that's often not realistic. But it does mean courts and negotiators look at what steps the recipient is taking: retraining, returning to work, building income.

If a receiving spouse has strong earning prospects but is not pursuing them, that can be a basis for reducing or ending support before the SSAG range expires.

Why knowing the range matters before you negotiate

The SSAG range is the benchmark against which both parties and their lawyers measure any proposal. If you don't know what the range is, you're negotiating blind.

Knowing your range doesn't mean you have to land inside it. Parties can agree to amounts outside the range, higher for certainty, lower for finality, different structuring for tax reasons. But you need to know what you're departing from and why, or you won't know whether you're making a good trade.

FairWell's spousal support calculator runs the SSAG formula on your specific income figures and relationship length. It takes about two minutes and gives you the range, both amount and duration, before any conversation with a lawyer or your former partner.

This guide is for informational purposes only. FairWell is not a law firm and this is not legal advice. Every situation is different, consult a qualified family lawyer in your province or state.

Run the SSAG formula on your numbers.

Get the amount and duration range for your situation in about two minutes, before any conversation with a lawyer or your former partner.

Use the calculator →

The SSAG are advisory guidelines, not guaranteed outcomes. Before finalising any spousal support arrangement, speak with a qualified family lawyer in your province.

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