Overview
- The SSAG provide a mathematical range (Low/Mid/High) for spousal support amount and duration. They are advisory, not binding, but are used by virtually every court in Canada.
- Two formulas: the without-child formula uses 1.5–2% of the gross income difference per year of cohabitation; the with-child formula targets the recipient receiving 40–46% of combined INDI.
- The SSAG do not determine entitlement — they only calculate amount and duration once entitlement is established. Entitlement is a separate legal question based on compensatory, non-compensatory, or contractual grounds.
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The Spousal Support Advisory Guidelines (SSAG) are the framework used across Canada to calculate spousal support amounts and duration. Published in final form in July 2008 by Professors Carol Rogerson and Rollie Thompson, they provide mathematical formulas that produce a range — Low, Mid, and High — rather than a single fixed number. While not legally binding in the way the federal child support tables are, the SSAG are used by virtually every family court judge and family lawyer in Canada as the starting point for spousal support analysis.
This article explains what the SSAG are, how the range framework works, the two formulas, duration rules, and how courts apply discretion within and outside the ranges.
Entitlement Comes First
The SSAG do not determine whether a spouse is entitled to spousal support. That is a separate legal question, governed by the Divorce Act (for married couples) or provincial family law legislation (for common-law partners). Entitlement is typically established on one or more of three grounds:
Only after entitlement is established do the SSAG formulas determine how much and for how long. If there is no entitlement, the SSAG produce no result — the question never reaches the formula stage.
The Low/Mid/High Range
Both SSAG formulas produce a range, not a single number. The range has three reference points: Low (the floor), Mid (the mathematical midpoint), and High (the ceiling). The range exists because spousal support involves discretionary factors that a formula cannot capture — the strength of the compensatory claim, the recipient's path to self-sufficiency, the standard of living during the marriage, and many others.
In practice, courts and lawyers use the range as a negotiation framework. A case with strong compensatory factors (long marriage, significant career sacrifice) may warrant the upper end. A case with weaker entitlement or a recipient who can quickly become self-sufficient may settle at the lower end. The mid-point is often used as a starting point for negotiation.
ADVISORY, NOT MANDATORY
Unlike child support, which is governed by binding federal tables, the SSAG are advisory guidelines. Courts can depart from the ranges where the circumstances warrant it. In practice, most courts treat the SSAG range as a strong presumptive guide and require reasons for departing from it — but departures do occur, particularly in cases with exceptional facts.
The Two Formulas
The SSAG use two entirely different formulas depending on whether there are dependent children:
Without-Child Formula
Amount: 1.5% to 2.0% of the gross income difference, per year of cohabitation (capped at 37.5%–50%). Duration: 0.5 to 1.0 years per year of cohabitation. Based purely on income gap and relationship length.
With-Child Formula
Targets the recipient receiving 40% (low) to 46% (high) of combined Individual Net Disposable Income (INDI). Requires a full tax computation at each iteration. Duration anchored to children's school milestones.
The without-child formula is simpler — it operates on gross income and scales linearly with relationship length. The with-child formula is more complex because it must account for child support (calculated first), taxes, government benefits, and the circular dependency between spousal support and the tax system. For a detailed breakdown of both formulas with worked examples, see our article on combined child and spousal support.
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try it freeDuration — How Long Does Support Last?
The SSAG provide duration ranges alongside amount ranges. Duration rules differ between the two formulas:
For a deeper discussion of duration rules, indefinite support, and the rule of 65, see our article on duration of spousal support.
When Courts Depart from the Range
The SSAG identify several categories of cases where the standard ranges may not produce appropriate results. These "exceptions" allow courts to go above or below the calculated range:
Departures are not common, but they are not rare either. The SSAG authors themselves acknowledged that the guidelines are "a starting point, not a straitjacket." Courts retain full discretion to set support at whatever level the facts of the case warrant.
Sources & Further Reading (4)
Spousal Support Advisory Guidelines: Final Version (July 2008), Rogerson & Thompson
Spousal Support Advisory Guidelines: The Revised User's Guide (April 2016)
Divorce Act, RSC 1985, c 3 (2nd Supp), ss. 15.2 (spousal support orders), 17 (variation)
SSAG FAQs (2022/2023), Rollie Thompson
This article is for general information only and does not constitute legal, financial, or tax advice. Family law matters vary by jurisdiction and individual circumstances. Consult a qualified family law lawyer or tax professional licensed in your province for advice specific to your situation.
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