Long Marriages and the Rule of 65: When Duration Has No End Date
If you have heard someone mention the “Rule of 65” during a spousal support discussion, it is easy to assume that it has something to do with reaching age 65 or retirement.
It does not.
Under the Spousal Support Advisory Guidelines (SSAGs), the Rule of 65 is a calculation used when considering the duration of spousal support in certain relationships.
Under the without-child-support formula, support may be described as “indefinite (duration not specified)” where the relationship lasted 20 years or longer, or where the relationship lasted at least five years and the recipient's age at separation plus the length of the relationship equals or exceeds 65.
That does not automatically mean support will continue for life.
And importantly, the Rule of 65 does not determine whether someone is entitled to spousal support in the first place or how much support should be paid.
Those are separate questions.
What Is the Rule of 65 for Spousal Support?
Under the basic Rule of 65 calculation, you add:
the support recipient's age on the date of separation; and
the length of the relationship in years.
If the total is 65 or more, and the relationship lasted at least five years, the without-child-support formula may produce indefinite duration rather than a fixed duration range.
For example, consider someone who is 50 years old at separation after a 15-year relationship.
50 + 15 = 65.
The Rule of 65 may therefore apply.
Or consider a recipient who is 55 after a 10-year relationship.
55 + 10 = 65.
Again, the calculation reaches the threshold.
Now consider someone who is 61 after a four-year relationship.
61 + 4 = 65.
The arithmetic reaches 65, but the relationship lasted less than five years. The Rule of 65 does not apply.
The important point is that 65 is the result of the calculation. It is not the age the recipient has to reach before the rule applies.
Which Age Is Used for the Rule of 65?
The calculation uses the recipient's age at the date of separation.
It does not use their age when the spouses eventually sign a separation agreement, when the matter reaches court or when someone later applies to change support.
Justice Canada's Revised User's Guide specifically identifies age at separation as the relevant age for the Rule of 65.
That can make the separation date particularly important.
For example, someone who was 49 when the relationship ended cannot wait until they turn 50 and then use the later age to bring the calculation to 65.
The relevant calculation looks back to the circumstances at separation.
How Is the Length of the Relationship Calculated?
For SSAG purposes, relationship length is not necessarily the same as the number of years shown on the marriage certificate.
The Guidelines generally use the period of cohabitation, including qualifying time the spouses lived together before marriage.
The period ordinarily runs from the beginning of cohabitation to the date of separation.
For example, suppose a couple married in 2015 but began living together in 2011 and separated in 2026.
Looking only at their marriage date would suggest an 11-year marriage.
For SSAG purposes, however, the relevant relationship length may extend back to 2011.
That difference can materially affect both the Rule of 65 calculation and other parts of the spousal support analysis.
Why Is There a Five-Year Minimum?
The Rule of 65 does not apply to relationships of less than five years.
This limitation is important because otherwise a very short relationship later in life could automatically produce indefinite duration simply because of the recipient's age.
The SSAG framework instead combines age and meaningful relationship length when deciding whether this particular route to indefinite support is available.
A recipient's age matters because it may affect their ability to increase earnings or become self-sufficient following separation.
But age alone does not trigger the Rule of 65.
What Happens After a 20-Year Relationship?
There is another route to indefinite duration that does not require the age calculation.
Under the without-child-support formula, a relationship lasting 20 years or longer generally produces indefinite duration regardless of the recipient's age.
For example, if a couple separates after 22 years of cohabitation, it is not necessary to add the recipient's age to the relationship length to reach the Rule of 65.
The 20-year duration threshold already applies.
This is why the Rule of 65 is most useful in relationships that are long enough to meet the five-year minimum but shorter than 20 years.
It can result in indefinite duration where relationship length alone would otherwise produce a time-limited range.
Does the Rule of 65 Automatically Create a Right to Spousal Support?
No.
This distinction is essential.
The SSAGs do not determine entitlement simply because a calculation generates a support range or an indefinite duration.
Entitlement to spousal support must be established first.
The basis may be compensatory, non-compensatory or contractual, depending on the circumstances.
Only after entitlement is established do questions of amount and duration become relevant.
So a person cannot simply add their age and relationship length, reach 65 and conclude that they are automatically entitled to indefinite spousal support.
The Rule of 65 is a duration rule, not an entitlement rule.
Does the Rule of 65 Determine How Much Spousal Support Is Paid?
No.
Amount and duration are related, but they are separate parts of the SSAG calculation.
A case falling within the Rule of 65 may generate indefinite duration, but the amount of support still depends on the applicable formula, the spouses' incomes and other relevant considerations.
Justice Canada's SSAG guidance makes clear that the Rule of 65 changes the duration analysis. It does not turn the support amount into an unlimited or permanent obligation.
That distinction can be particularly important during negotiations.
Seeing the word “indefinite” beside a monthly figure does not mean that exact figure is guaranteed to continue unchanged for the rest of either person's life.
Does Indefinite Support Mean Permanent Support?
No.
The SSAGs use the fuller phrase “indefinite (duration not specified)” specifically to avoid that misunderstanding.
It means that no termination date has been specified at the time the support arrangement is made.
The amount can potentially change as circumstances change, and support may later be reduced, time-limited or terminated where the applicable legal requirements are met.
Future issues may include changing incomes, retirement, repartnering and reasonable efforts toward self-sufficiency.
Even in long relationships, the recipient may still be expected to make reasonable efforts toward self-sufficiency where that is practicable.
So “indefinite” describes the absence of a current end date.
It does not guarantee lifetime support.
Why Do Age and Relationship Length Matter?
The without-child-support formula relies heavily on relationship length.
As a relationship becomes longer, the spouses' economic lives may become increasingly intertwined. One spouse may have made career choices around the relationship, adapted to a particular standard of living or have fewer realistic working years remaining when the relationship ends.
The Rule of 65 recognizes that age can affect the realistic path toward economic independence.
Consider two recipients leaving a 10-year relationship.
One separates at 35.
The other separates at 55.
They have the same relationship length, but they may face very different employment opportunities, retirement timelines and prospects for increasing their earning capacity.
That does not mean the older recipient automatically receives support.
It explains why age becomes relevant when the Guidelines consider how long an established support obligation may continue.
What If There Are Dependent Children?
This is an important qualification.
The Rule of 65 is most commonly discussed as part of the without-child-support formula, which applies where there are no dependent children or in certain cases after child support has ended.
Where dependent children are involved, the basic with-child-support formula uses a more complex duration analysis.
Initial support orders under that formula are commonly indefinite in form, while the SSAGs also establish duration ranges based on both the length of the relationship and the ages of the children. Those ranges can later guide review or variation.
So someone with dependent children should not look only at the Rule of 65 and assume that it answers the entire duration question.
The applicable SSAG formula matters.
Can Support Under the Rule of 65 End Later?
Potentially, yes.
An indefinite support obligation remains capable of being revisited where the legal requirements for review or variation are satisfied.
For example, later questions may arise because:
the recipient's income has increased significantly;
the payor has retired and experienced a meaningful reduction in income;
the recipient has become more self-sufficient;
the recipient has remarried or repartnered; or
the underlying basis for continuing entitlement has otherwise changed.
Justice Canada's guidance expressly recognizes that even support following a 20-year relationship or a case caught by the Rule of 65 may ultimately be reduced or terminated depending on the circumstances.
This is why it is important not to translate “indefinite” into either “forever” or “guaranteed.”
What Should You Confirm Before Relying on the Rule of 65?
Start with the dates.
Confirm when cohabitation began, when the spouses separated and the recipient's age on that date.
Then determine which SSAG formula actually applies and whether there is an entitlement to spousal support.
Those steps matter because a small misunderstanding about relationship length or the relevant age can change the calculation.
And even where the Rule of 65 applies, the analysis is not finished.
The amount of support, continuing entitlement and what may happen if circumstances later change remain separate issues.
The Rule of 65 answers a question about potential duration. It does not answer every question about spousal support.
Frequently Asked Questions
Does the Rule of 65 mean I have to be 65 years old?
No. The number 65 comes from adding the recipient's age at separation to the length of the relationship. The recipient does not personally have to be 65.
What is the five-year rule for spousal support?
For purposes of the Rule of 65, the relationship must have lasted at least five years. A relationship shorter than five years does not qualify for this route to indefinite duration even if age plus relationship length reaches 65.
Does a 20-year marriage mean spousal support is indefinite?
Under the without-child-support formula, a relationship of 20 years or longer generally generates indefinite duration. But indefinite does not necessarily mean permanent, and entitlement or the amount of support can later change.
Does living together before marriage count toward the Rule of 65?
Generally, yes. The SSAGs use the period of cohabitation, which can include time the spouses lived together before legally marrying.
Does the Rule of 65 guarantee spousal support?
No. Entitlement must first be established. The Rule of 65 addresses duration after entitlement exists.
Can indefinite spousal support end?
Yes. Indefinite means that no end date is specified at the time. Future review or variation can potentially result in a change, a time limit or termination depending on the circumstances.
Speak With an Ontario Family Lawyer About the Rule of 65
The arithmetic behind the Rule of 65 is straightforward.
Understanding what the result actually means is more important.
Relationship length, age at separation and the applicable SSAG formula can all affect duration, while entitlement and the amount of support still require their own analysis.
Willing Law Professional Corporation assists clients in Windsor, Windsor-Essex and across Ontario with spousal support, separation agreements, divorce and related family-law matters.
If the Rule of 65 or indefinite spousal support may apply to your separation, we can help you understand how the Guidelines fit your circumstances and what the proposed support terms may mean over time.
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