Calculating spousal support is not as straight forward as calculating child support. To calculate the amount of spousal support payable, the Court often relies upon the Spousal Support Advisory Guidelines (“SSAGs”). However, unlike the Federal Child Support Guidelines, the Court is not required to follow the SSAGs and the SSAGs provide a suggested range of spousal support rather than a set amount. Calculating spousal support is much more flexible than calculating child support.

Like child support, the first question that must be answered is: what are the parties’ incomes? Most often, this question is answered by looking at each spouse’s gross income (before taxes) reported at Line 150 on their most recent Income Tax Return. However, sometimes a spouse’s income reported at Line 150 is not an accurate representation of their actual income. The income reported on Line 150 is only the starting point. The income reported on the spouse’s Income Tax Return may need to be scrutinized based on the person’s type of employment (i.e. if they are self-employed) or their past work history.

Using each spouse’s established income, the SSAGs provide a recommended range of spousal support. Several factors will affect the spousal support range calculated by the SSAGs and what amount should be paid within the range, including:

1. Child Support: if the paying spouse owes child support to the spouse seeking spousal support, this will reduce the amount of spousal support owed.
2. The length of the relationship: the amount owed under SSAGs increases as the length of the relationship increases.
3. Means and Needs: the paying spouse’s ability to pay support and the recipient spouse’s need for spousal support will be assessed based on their respective incomes and their yearly expenses. For example, a spouse with limited income or increased living expenses, may be successful in getting support in the middle to high end of the range. Alternatively, a paying spouse with a lower income who has trouble maintaining a modest standard of living while paying support, may be successful in getting support in the middle to low end of the range.
4. Children: the age, number, and needs of any children may affect the amount of spousal support payable. For example, a child with higher needs will usually demand more time and resources from the care-giving parent, reducing that parent’s ability to work.
5. Property Division: the property each party keeps as part of the separation can affect spousal support. A spouse who keeps a large amount of property or assets that will earn income in the future, may be entitled to lower spousal support payments. Alternatively, if there is no property to be divided, higher spousal support payments may be appropriate.
6. Debt Payments: if a couple’s debt outweighs their assets and the paying spouse ends up taking on more of the family debt, there might be a reduction in spousal support while those payments are being made.
7. Prior Support Obligations: a paying spouse’s prior support obligations are considered when determining his or her income. In turn, this will affect the SSAG range.

The Court will also consider the same factors that are assessed when determining entitlement such as length of the relationship, the spouse’s roles during the relationship, and the goal of encouraging the recipient spouse to become self-sufficient when determining the amount of spousal support to be paid.