Common-Law Support Calculator
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Income Difference$60,000
Monthly Support (Low)$375
Monthly Support (Mid)$500
Monthly Support (High)$625
Duration Range2.5 - 5 years
Estimates based on Spousal Support Advisory Guidelines (SSAG). Actual amounts vary based on circumstances. Consult a family lawyer.
Common-Law Requirements by Province
| Province | Cohabitation Required | Notes |
|---|---|---|
| British Columbia | 2 years | Or any length with child |
| Alberta | 3 years | “Adult Interdependent Partner” |
| Saskatchewan | 2 years | Or any length with child |
| Manitoba | 3 years | Or any length with child |
| Ontario | 3 years | Or any length with child |
| Nova Scotia | 2 years | Domestic partner registration |
| New Brunswick | 3 years | Or any length with child |
| PEI | 3 years | Limited recognition |
| Newfoundland | 2 years | β |
| Quebec | Not recognized | No rights without cohabitation agreement |
Important: Quebec does not provide spousal support rights to common-law partners. Consider a cohabitation agreement.
Spousal Support Advisory Guidelines (SSAG)
The SSAG provides formulas for calculating support. There are two formulas:
Without Children Formula
| Component | Formula |
|---|---|
| Amount | 1.5% - 2% of income difference Γ years together |
| Duration | 0.5 - 1 year per year of relationship |
| Maximum | Equalization of incomes |
With Children Formula
| Component | Formula |
|---|---|
| Amount | Higher amounts based on child custody |
| Duration | Often until youngest child finishes school |
| Maximum | Varies based on time spent with children |
Example Support Calculations
Example 1: 5-Year Relationship, No Children
| Factor | Value |
|---|---|
| Payor income | $100,000 |
| Recipient income | $40,000 |
| Income difference | $60,000 |
| Years together | 5 |
| Monthly support (low) | $375 |
| Monthly support (high) | $500 |
| Duration | 2.5 - 5 years |
Example 2: 10-Year Relationship, With Children
| Factor | Value |
|---|---|
| Payor income | $120,000 |
| Recipient income | $35,000 |
| Income difference | $85,000 |
| Years together | 10 |
| Monthly support (low) | $800 |
| Monthly support (high) | $1,200 |
| Duration | 5 - 10 years (or indefinite) |
Example 3: 20-Year Relationship
| Factor | Value |
|---|---|
| Payor income | $150,000 |
| Recipient income | $30,000 |
| Income difference | $120,000 |
| Years together | 20 |
| Monthly support | $2,000 - $3,000 |
| Duration | Indefinite |
Factors That Affect Support
Increases Support
| Factor | Impact |
|---|---|
| Longer relationship | Higher amount, longer duration |
| Larger income gap | Higher amount |
| Children from relationship | Higher amount |
| Recipient stayed home | Compensatory factor |
| Age of recipient | Harder to re-enter workforce |
| Health issues | May extend duration |
Decreases Support
| Factor | Impact |
|---|---|
| Short relationship | Lower amount, shorter duration |
| Both incomes similar | Minimal or no support |
| Recipient can become self-sufficient | Time-limited support |
| New relationship (recipient) | May reduce or end support |
| Employment opportunities | Shorter duration |
Tax Treatment of Spousal Support
| Type | Payor | Recipient |
|---|---|---|
| Periodic support | Tax deductible | Taxable income |
| Lump sum | Not deductible | Not taxable |
| Child support | Not deductible | Not taxable |
Properly structured, support payments can reduce overall tax burden.
Common-Law vs Married Support
| Aspect | Common-Law | Married |
|---|---|---|
| Support entitlement | Same SSAG | Same SSAG |
| Property division | Province-dependent | Automatic equalization |
| Time required | 2-3 years (varies) | Immediate upon marriage |
| Application | Court or agreement | Court or agreement |
Common-law partners do NOT automatically have property division rights (except BC). Support is separate from property.
Getting Support Without Court
1. Negotiate Directly
Many couples agree on support without lawyers or court.
2. Mediation
| Benefit | Details |
|---|---|
| Lower cost | $3,000-5,000 typical |
| Faster | Weeks vs months |
| Less adversarial | Both parties work together |
3. Collaborative Family Law
Lawyers help negotiate without court proceedings.
4. Cohabitation Agreement
Create an agreement before/during relationship:
- Define support expectations
- Address property
- Reduce future conflict
Enforcing Support
If a payor doesn’t pay:
| Province | Enforcement Agency |
|---|---|
| Ontario | Family Responsibility Office (FRO) |
| BC | Family Maintenance Enforcement Program |
| Alberta | Maintenance Enforcement Program |
| Other provinces | Similar enforcement agencies |
Enforcement can include:
- Wage garnishment
- Bank account seizure
- Passport suspension
- License suspension
- Jail (extreme cases)
Changing Support Orders
Support can be changed if circumstances change materially:
| Change | Effect |
|---|---|
| Payor job loss | May reduce support |
| Recipient gets job | May reduce support |
| Payor income increases | May increase support |
| Recipient new relationship | May end support |
| Recipient remarries | Often ends support |