Spousal Support in Ontario

In addition to financial differences, a judge will also base his or her spousal support ruling on a number of different factors. These include:

In addition, it is to be considered how paying spousal support to the spouse with the lower income will affect that individual. Specific questions that arise include:

One factor that does not play into spousal support rulings? If one spouse cheated on the other. Canada has a no-fault divorce rule, which means that infidelity does not make one spouse obligated to provide financial support to another. The same applies to any reason that your marriage ended in divorce.

Under the SSAG, there are two main ways that spousal support can be calculated:

• Formula 1: With Child Support
• Formula 2: Without Child Support

Next, let’s take a general look at how each formula is calculated. Remember, these are rough estimates intended for educational purposes only. They are not exact calculations.

Is spousal support being considered alongside child support? If so, the following factors will come into consideration:

• Each spouse’s gross income
• The amount of the child support obligation
• The age of the children
• Taxes and related deductions
• The length of the marriage or cohabitation
• Any applicable government benefits or credits
• The needs of the recipient spouse
• The ability of the paying spouse to assume this financial burden

The first step is to consider how much spousal support is required and how long the paying spouse should pay it.

Step 1: How Much Support is Required?

To figure out how much spousal support is required, begin by calculating your gross income. This is the amount of money you make after taxes and other deductions.

Then, subtract your monthly child support payment from that number. Also, subtract any taxes and other applicable deductions.

Next, add back in any government tax credits or other benefits that apply to your case. The resulting number is known as your Individual Net Disposable Income or INDI. The other spouse will perform the same calculation, only instead of subtracting child support, he or she will add that figure to the INDI calculation.

Let’s review a real-life example to simplify.

• Spouse 1’s Monthly Gross Income: $120,000/12 = $10,000 per month
• Cost of child support for two children: $1,777
• Income tax paid (around 30%): $10,000 x 30% = $3,000
• Applicable government benefits: None

Spouse 1 INDI Calculation: $10,000 – $1,777 – $3,000 = $5,223

• Spouse 2’s Monthly Gross Income: $70,000/ 12 = $5,833.33 per month
• Child support received for two children: $1,777
• Taxes paid (around 20%): $5,833.33 x 20% = $1,166.66
• Benefits receieved: $550

Spouse 2 INDI Calculation: $5,833.33 + $1,777 +550 = $8,160.33 – $1,166.66-= $6,993.67

Now that you have both INDI calculations, add them together. In this case, the sum is $12,216.67.

When considering child support, the number of children makes a difference. In this case, the SSAG mandates that two children put the spouse in the 54% to 60% support range. This makes the calculation 54% to 60% of $12,21.667, which equals:

$12,216.67 x 54% = $6,597.00

$12,216.67 x 60% = $7,330.00

Yet, these aren’t the final numbers. Now, you’ll subtract Spouse 2’s INDI from those numbers. With these numbers and a 60% support rate, Spouse 2 could receive a monthly support payment of up to $336.33.

Step 2: How Long Must the Spouse Pay?

Next, determine the length of time the paying spouse will provide support. In most cases, the length of your marriage will be the deciding factor.

Then, you’ll establish a range of years of support, which can span from half of the relationship (lowest end) to the entire duration of the relationship. If two spouses are married for 20 years, this can range from 10 to 20.

How does a judge know where in this range your payment timeline should fall? He or she will take several considerations into account, including:

• The income-earning capacity of the recipient spouse
• The characteristics of the children (age, quantity and any special needs)
• The paying spouse’s ability to pay
• The paying spouse’s work incentives
• Any shared debts
• Divison of any property
• Any prior support obligations
• Any illnesses or disabilities
• Applicable self-sufficiency incentives

The judge will review your stance on all of these factors to set a timeline for your spousal support payments. For instance, if you don’t have any children with special needs, you (the paying spouse) and are financially able to provide the money, it’s likely that you’ll pay on the lower end of the timeline, around 10 years.

In the event that you and your spouse divorce without any shared children, you’ll calculate spousal support costs in a slightly different way. Let’s review the formula using the scenario above.

First, add both monthly gross incomes together. This equals $15,833.33.

Now, figure out the difference between those two incomes: 10,000 – $6,993.67 = $3,006.33.

Finally, consider your years of cohabitation. Say these two spouses lived together for five years and were married and living together for 10 years before filing for a divorce. Thus, the total equals 15 years.

With that number, you’re ready to calculate your ranges. The range for this formula is a lot lower, at 1.5% to 2%. Start by converting these percentages into decimals, so 1.5% becomes 0.015 and 2% becomes 0.02.

Then, multiply the income difference by these percentages.

• $3,006.33 x 0.015 = $45.10
• $3,006.33 x 0.02 = $60.13

From here, multiply these numbers by your years of cohabitation. This equals:

• $45.10 x 15 = $676.50
• $60.13 x 15 =$901.95

From this rudimentary illustration, your monthly support payment account could run from $676.50 to $901.95.

Not sure about your schedule just yet? That’s OK! Thanks to the Limitations Act, you don’t need to feel rushed.

You can apply for spousal support at any time without fear of an imposing deadline. The only reason to get started as soon as possible rather than hesitating is that a judge will consider your real need before granting support.

If you feel my Soft Landing Divorce Settlement Method is not a good fit for you or my location is not convenient (and Virtual or Remote Location Mediation is not an option.) It is still vital that you mediate your separation and divorce.  You can find a Mediator listed at following organizations:

• Ontario Association for Family Mediation
• Family Mediation Canada
• ADR Institute of Ontario
• Family Dispute Resolution Institute of Ontario (FDRIO)

Other Professionals working as Neutrals

The Institute for Divorce Financial Analysts