Spousal Support Calculator
This calculator estimates spousal support for married and common-law partners in Canada using the without-child-support formula of the Spousal Support Advisory Guidelines (SSAG): a monthly range and a duration range, from the two incomes and the length of the relationship. It doesn’t compute the with-child-support formula, which applies when child support is also being paid (see below). It is part of our guide to life stages and life events.
An estimate from the SSAG without-child-support formula only, before the adjustments, exceptions and tax calculations a lawyer or SSAG software would apply.
What the guidelines are
The Department of Justice describes the SSAG this way: “The Spousal Support Advisory Guidelines are not law. However, judges often base their decisions about spousal support on the guidelines.” They suggest ranges of support for a spouse who is entitled to it; whether a spouse is entitled at all depends on the law that applies, which this calculator can’t tell you. Justice Canada also notes that there are online calculators that may help with simple calculations, but not with the harder ones, which is the limit of this page too.
The guidelines were written for married couples divorcing under the federal Divorce Act. Courts and lawyers often apply them under provincial and territorial family laws as well, which is how they reach common-law partners, though some provincial laws have features the guidelines don’t deal with.
The without-child-support formula (what this calculator does)
| Component | Formula |
|---|---|
| Amount | 1.5% to 2% of the gross income difference for each year together |
| Duration | 0.5 to 1 year for each year together |
| Long relationships | Duration can be indefinite once the relationship reaches 20 years |
The with-child-support formula (not calculated here)
When the payer also pays child support, the guidelines use a different formula built on each spouse’s individual net disposable income after child support and taxes, with the duration tied to the children’s ages as well as the length of the relationship. That needs a tax calculation, so this page doesn’t estimate it. Child support itself is covered by the child support calculator.
Common-law qualifying periods by province
Spousal support between common-law partners comes from provincial family law, and each province sets how long you must have lived together (or other conditions, such as having a child together) before a partner can claim support.
| 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 | |
| Quebec | Not recognized | No rights without cohabitation agreement |
Quebec’s civil law gives common-law (de facto) partners no right to spousal support from each other, which is one reason couples there sign a cohabitation agreement. Being common-law for tax is a separate test, covered in am I common-law for tax purposes; the rest of the money side of a common-law relationship is in common-law relationship finances.
Example support calculations
All three examples use the without-child-support formula, as the calculator does.
Example 1: 5-year relationship. A higher earner with $100,000 and a lower earner with $40,000, together 5 years. The income difference is $60,000. The low end is 1.5% per year: $375 a month. The high end is 2% per year: $500 a month. Duration: 2.5 to 5 years.
Example 2: 10-year relationship. Incomes of $120,000 and $35,000, together 10 years. The difference is $85,000, so the range is $1,063 to $1,417 a month, for 5 to 10 years. If the couple also has children and child support is paid, the with-child-support formula applies instead and the result differs.
Example 3: 20-year relationship. Incomes of $150,000 and $30,000, together 20 years. The difference is $120,000, so the range is $3,000 to $4,000 a month, and at 20 years the duration can be indefinite.
Factors that affect support
| Tends to increase support | Tends to reduce or shorten it |
|---|---|
| A longer relationship | A short relationship |
| A larger income gap | Similar incomes |
| A recipient who stayed home or gave up career growth | A recipient who can become self-sufficient soon |
| Older age or health problems that limit work | Good employment prospects |
| The recipient’s new relationship or remarriage |
Tax treatment of spousal support
| Type | Payer | Recipient |
|---|---|---|
| Periodic spousal support under a written agreement or court order | Deductible | Taxable income |
| Lump-sum payment | Not deductible | Not taxable |
| Child support | Not deductible | Not taxable |
Getting support settled without court
Couples can agree on support directly, through a mediator, or through collaborative family law, where each side’s lawyer negotiates without going to court; what each route costs is covered in how much a divorce costs. A cohabitation agreement or marriage contract can set support terms in advance. The rest of the separation (property, the home, registered plans) is in the divorce and separation financial checklist.
Enforcing and changing support
If a payer doesn’t pay, each province has an enforcement program, such as Ontario’s Family Responsibility Office, BC’s Family Maintenance Enforcement Program and Alberta’s Maintenance Enforcement Program. Enforcement can include wage garnishment, seizing bank accounts, and suspending a passport or driver’s licence.
Support can be varied when circumstances change materially, such as a job loss for the payer (see what to do when you’re laid off) or a rise in the recipient’s income, and it often ends when the recipient remarries.