Why the Spousal Support Guidelines Give You a Range, Not a Number
If you have used a spousal support calculator in Ontario, you may have expected it to give you one monthly amount.
Instead, you may have seen three figures: low, mid and high.
So which one is correct?
The answer is that the Spousal Support Advisory Guidelines (SSAGs) are designed to produce a range rather than one mandatory number. That range gives lawyers, spouses and courts room to consider the circumstances of the particular relationship before determining an appropriate amount of support.
The Guidelines can provide a useful framework, but the calculation is only part of the analysis. Before the amount of support is considered, there must first be an entitlement to spousal support. And once a guideline range has been generated, there is still another question to answer:
Where within that range should the support amount fall?
Why Do the Spousal Support Guidelines Produce a Range?
Spousal support is not determined by applying one fixed percentage to every separating couple.
Relationships can differ significantly in their length, financial circumstances, childcare responsibilities, career decisions and economic consequences.
The SSAGs account for this by generating ranges for the amount of support and, in many cases, the duration of support. The Department of Justice describes those ranges as a starting point for negotiation or adjudication, with room for the circumstances of an individual case to influence the eventual result.
The SSAGs themselves are advisory rather than legislation. Ontario nevertheless recognizes that lawyers and judges commonly use them when considering how much spousal support should be paid and for how long.
That means a guideline calculation is important.
It just does not end the analysis.
Is the Midpoint of the Spousal Support Range the Default?
No.
It can be tempting to look at a low, mid and high calculation and assume that the middle figure is the most neutral or legally preferred result.
The Department of Justice's Revised User's Guide specifically cautions against that approach. It states that the midpoint should not be treated as the default or "normal" outcome, with the upper and lower ends reserved only for unusual cases.
A mid-range amount may be appropriate in a particular case.
But it should be appropriate because of the circumstances of that case, not simply because it sits in the middle of the software calculation.
This is an important distinction when negotiating spousal support. Rather than asking only whether one spouse is proposing the low, mid or high figure, the better question is why that particular amount fits the facts of the relationship.
What Factors Can Affect Where Spousal Support Falls Within the Range?
There is no single factor that automatically determines where support should fall.
The SSAGs identify a number of considerations that can be relevant when choosing an amount or duration within the range, including:
the strength of a compensatory support claim;
the recipient's financial needs;
the needs and standard of living of dependent children;
the payor's needs and ability to pay;
work incentives for the payor;
property division and debts; and
incentives for the recipient to become self-sufficient where reasonably possible.
Several of these considerations can apply at the same time, and they may point in different directions.
That is why determining an appropriate location within the range requires more than simply choosing whichever figure appears most favourable.
The Strength of a Compensatory Claim
A strong compensatory claim can support a result toward the higher end of the applicable range.
Compensatory support looks at economic disadvantages or advantages arising from the relationship or its breakdown.
For example, consider a long relationship where one spouse reduced their working hours for many years, took primary responsibility for the children and passed up opportunities to advance their career while the other spouse's career continued to develop.
The income difference at separation may tell part of the story.
The history behind that difference may tell much more.
By contrast, another couple may have been together for the same period of time while both spouses maintained their careers and earning capacities.
The length of the two relationships could be identical, but the support considerations may not be.
Financial Need and the Ability to Become Self-Sufficient
The recipient's financial circumstances can also affect the analysis.
This may include their income, realistic earning capacity, age and ability to become financially self-sufficient within a reasonable period of time.
A person who has been outside the workforce for many years may face a very different path back to employment from someone who has maintained their qualifications, professional network and full-time career.
The question is not simply whether a person could earn more in theory.
The analysis should consider what is realistic in the circumstances.
The Payor's Needs and Ability to Pay
Spousal support also has to be considered in light of the payor's financial circumstances.
The Guidelines identify the payor's needs and ability to pay as factors that may affect location within the range. Significant financial obligations and the actual income available to meet support obligations can therefore matter.
This does not mean that ordinary spending preferences automatically justify a lower amount.
It means that the financial circumstances of both spouses form part of the support analysis.
Property Division and Debt
Property division and debt can also be relevant.
However, the effect is not as simple as saying that receiving more property automatically means receiving less spousal support.
Property division and spousal support are separate areas of family law, and the interaction between them depends on the circumstances.
The important point is that the Guidelines permit property division and debts to be considered when deciding where an appropriate result falls within the support range.
Does Income Affect Where You Fall Within the Range?
Yes, and determining the appropriate income figure can itself become an important issue.
For someone who earns a consistent salary reported on a T4, determining income may be relatively straightforward.
It can become more complicated when a spouse:
owns a corporation or operates a business;
is self-employed;
receives commissions or significant bonuses;
has investment or other sources of income;
has income that fluctuates from year to year; or
has financial circumstances that may require adjustments to the income used for support purposes.
The SSAG calculation depends on the income information entered into it. The Department of Justice also notes that income determinations can influence where a court ultimately chooses to locate support within the calculated range.
This is another reason two people can run what appears to be the same calculator and still disagree about the appropriate result.
Sometimes the disagreement is not really about the range.
It is about the income used to create the range in the first place.
Spousal Support Duration Can Have a Range Too
Monthly amount is only one part of a spousal support calculation.
Duration can be just as important.
Under the without-child-support formula, where a relationship is under 20 years and the conditions for indefinite support do not otherwise apply, the SSAGs generally produce a duration range of approximately one-half to one year of support for each year of cohabitation.
For example, a 15-year relationship could produce a guideline duration range of approximately 7.5 to 15 years under that formula, before considering the facts of the case and whether another SSAG rule or exception applies.
That rule should not be applied automatically to every separation.
Different considerations apply where there are dependent children, and support may also be indefinite in certain longer relationships or where the SSAG "rule of 65" applies.
The important point is that amount and duration should be considered together.
Focusing entirely on the monthly figure can leave a significant part of the financial picture unexplored.
Can the Amount and Duration of Spousal Support Be Adjusted Together?
In some circumstances, yes.
The SSAGs recognize a concept known as restructuring, which allows amount and duration to be considered together.
For example, depending on the circumstances, a support arrangement may involve a higher monthly amount for a shorter period or a lower amount over a longer period, while remaining within the overall value produced by the Guidelines.
This does not mean spouses can simply choose any combination they want.
But it demonstrates why looking at only one monthly number can be misleading.
Two support arrangements with different monthly payments may have very different durations while producing a similar overall support result.
Can an Online Spousal Support Calculator Tell Me Where I Should Fall in the Range?
Not necessarily.
An online calculator can be useful for obtaining an approximate idea of the support ranges that may apply.
Ontario cautions, however, that its free calculator performs relatively simple calculations and considers employment income only. The province recommends obtaining legal advice to make sure all relevant circumstances have been considered.
More importantly, software cannot decide every legal issue behind the numbers.
A calculator may not determine:
whether there is an entitlement to spousal support;
whether the income figures being used are legally appropriate;
how strong a compensatory claim may be;
whether a particular SSAG exception applies;
what effect property, debt or other financial circumstances may have; or
why a case should fall at a particular point within the range.
The result can look precise while the legal questions behind it remain unresolved.
The low, mid and high figures are therefore better understood as the beginning of the analysis, not the end of it.
What Should You Consider Before Negotiating Spousal Support?
If you are trying to understand where your circumstances may fall within a guideline range, start with the history behind the numbers.
Consider how your relationship affected each spouse financially.
Did one person reduce their work or leave the workforce? Who primarily cared for the children? Did either spouse's career benefit from arrangements made during the relationship? What is each person's realistic earning capacity now? Are there dependent children? What are each spouse's current financial obligations? How were property and debts addressed?
You should also make sure that the income being used in the calculation accurately reflects the financial circumstances of both spouses.
Those questions provide far more useful information than simply deciding whether you prefer the low, mid or high figure.
A guideline range becomes meaningful when it is connected to the facts of your relationship.
Frequently Asked Questions
Why does my spousal support calculation show low, mid and high amounts?
Because the SSAGs intentionally generate a range rather than one mandatory support amount. The range allows the circumstances of the particular relationship to be considered when determining an appropriate result.
Is the midpoint usually the correct spousal support amount?
No. The Department of Justice specifically cautions that the midpoint should not be treated as the default outcome. Whether a low, mid, high or other point within the range is appropriate depends on the facts of the case.
What can move spousal support higher or lower within the range?
Relevant considerations can include the strength of a compensatory claim, the recipient's needs, dependent children, the payor's needs and ability to pay, property division and debts, and self-sufficiency considerations. No single factor automatically determines the result.
Does a high guideline range mean I am automatically entitled to spousal support?
No. Entitlement must be determined before the SSAG amount and duration calculations become relevant. A guideline calculation by itself does not establish that support must be paid.
Is spousal support duration always half to one year for every year together?
No. That range applies generally under the without-child-support formula where the applicable conditions are met. Different rules can apply where there are dependent children, longer relationships, the rule of 65 or other circumstances.
Speak With an Ontario Family Lawyer About Your Spousal Support Range
Seeing a low, mid and high number on a spousal support calculation can tell you what the Guidelines produce.
The more important question is why your circumstances may support one part of that range rather than another.
Willing Law Professional Corporation assists clients in Windsor, Windsor-Essex and across Ontario with spousal support, separation, divorce and related family-law matters.
If you are trying to understand a spousal support calculation before negotiating or agreeing to an amount, we can review the circumstances behind the numbers, explain how the Guidelines may apply and help you understand your options.
Book a Free No-Obligation 15 Minute Call
Understanding how spousal support may be calculated can help you better prepare for the financial decisions that come with separation.
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This article is general information about Ontario law and is not legal advice. Reading it does not create a solicitor-client relationship. For advice on your situation, book a free 15-minute strategy call at willinglaw.com.
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