Free tool · Ontario
Ontario spousal support calculator
Estimate spousal support (alimony) using the Spousal Support Advisory Guidelines. See the low, mid and high monthly range and the likely duration, for married and common-law spouses. This tool gives an estimate only and is not legal advice.
How spousal support is calculated in Ontario
Spousal support works differently from child support. There is no automatic right to it and no fixed table. Most Ontario cases follow three steps:
- Entitlement. The spouse asking for support must show a basis for it: compensatory (they gave up career or income opportunities during the relationship), needs-based (they cannot meet their reasonable needs and the other spouse can pay), or contractual (a marriage or cohabitation agreement provides for it).
- Amount and duration. Lawyers and judges use the Spousal Support Advisory Guidelines (SSAG) to find a range. The SSAG are not law, but Ontario courts rely on them heavily.
- Where in the range. The final number within the low–high range depends on the facts, such as each spouse's needs, debts, and ability to become self-sufficient.
Without children: the income-difference formula
When there are no dependent children, the SSAG take 1.5% to 2% of the difference between the spouses' gross incomes for each year they lived together, up to a maximum of 50% of the difference.
Example
One spouse earns $100,000 and the other $40,000, after a 10-year marriage. The income difference is $60,000. Ten years × 1.5% to 2% gives 15% to 20% of the difference: $9,000 to $12,000 a year, or about $750 to $1,000 a month, for 5 to 10 years.
With children: the net-income formula
When child support is also being paid, the SSAG look at each spouse's net disposable income after taxes, government benefits and child support. The range is set so the lower-income spouse ends up with 40% to 46% of the couple's combined net disposable income. Because this depends on detailed tax and benefit calculations, a calculator is the practical way to estimate it.
How long spousal support lasts
- Without children: 0.5 to 1 year of support for each year together.
- Indefinite support: possible after 20 or more years together, or under the rule of 65: a relationship of at least 5 years where the recipient's age plus the years together totals 65 or more.
- With children: initial orders are usually indefinite. The time ranges are tied to the length of the relationship and the children's ages.
"Indefinite" does not mean permanent. Support can be reviewed or varied if circumstances change, such as retirement, a new job or the recipient becoming self-sufficient.
Common-law spouses
In Ontario, unmarried partners can claim spousal support after living together for three years, or sooner if they were in a relationship of some permanence and had a child together. The calculator works the same way: enter the total years you lived together, including any time before marriage.
Tax on spousal support
Regular (periodic) payments under a written agreement or court order are usually deductible for the payor and taxable for the recipient. The SSAG ranges already account for this, which is why the calculator asks for each province: tax rates affect the result.
Incomes above $350,000 or below $20,000
The SSAG formulas become less reliable at the extremes. Above a payor income of $350,000, or where the payor earns under $20,000, courts look more closely at the individual facts.
When the calculator is not enough
The calculator assumes you are entitled to support and that income is straightforward employment income. Self-employment, bonuses, pensions and disputes about entitlement all need a lawyer's analysis. Learn how we help with spousal support, or book a free consultation to talk it through.
Frequently asked questions
How is spousal support calculated in Ontario?
First, the spouse asking for support must show they are entitled to it. If they are, the amount and duration are usually worked out with the Spousal Support Advisory Guidelines (SSAG). When there are no dependent children, the SSAG take 1.5% to 2% of the difference in gross incomes for each year of the relationship. When child support is also being paid, the SSAG target a range where the lower-income spouse ends up with 40% to 46% of the couple's combined net disposable income.
How long do you pay spousal support in Ontario?
Without children, the SSAG suggest 0.5 to 1 year of support for each year of the relationship. Support can be indefinite (no set end date) after 20 or more years together, or where the relationship lasted at least 5 years and the recipient's age plus the years together adds up to 65 or more. Where there are children, initial orders are usually indefinite and reviewed as circumstances change.
Is spousal support taxable in Canada?
Periodic spousal support paid under a written agreement or court order is generally taxable for the recipient and tax-deductible for the payor. Lump-sum payments are generally not deductible or taxable. The tax effect is built into the SSAG calculations.
Do common-law partners get spousal support in Ontario?
They can. Under Ontario's Family Law Act, unmarried partners can claim support if they lived together for at least three years, or were in a relationship of some permanence and had a child together. They still need to show entitlement.
Is there spousal support after a short marriage?
It is possible but usually limited. Under the without-child formula, a short relationship produces a low percentage and a short duration. Entitlement can still arise, for example where one spouse gave up work or moved for the relationship.
What is the rule of 65 for spousal support?
Under the SSAG, support can be indefinite if the relationship lasted at least 5 years and the recipient's age at separation plus the number of years together equals 65 or more. For example, a 55-year-old after a 10-year marriage.
Is spousal support the same as alimony?
Yes. Canadian law uses the term spousal support, but it is the same thing people often call alimony.
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