How is spousal support calculated in Ontario?
Most Ontario lawyers and judges start with the Spousal Support Advisory Guidelines. They give a range for how much support is paid and for how long, using one of two formulas. The without child support formula applies where no child support is paid. The with child support formula applies where it is. The Guidelines are advisory, not law, and they apply only once a right to support is established.
Key points
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The Guidelines produce a range for amount and duration, not one fixed number.
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The without child support formula is based on the difference in gross incomes and the length of the relationship.
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The with child support formula leaves the lower-income spouse with 40% to 46% of the couple's combined net disposable income.
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You must first be entitled to support. The Guidelines do not decide that.
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A short relationship without children usually means modest support for a short time.
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Children change the picture. Support can last much longer than a short marriage would suggest.
What are the Spousal Support Advisory Guidelines?
The Guidelines were published by Justice Canada in 2008, with a revised user's guide in 2016. They were never passed into law. Their use is voluntary, and courts can depart from them when the formula result is not appropriate. Even so, they are used every day in Ontario negotiations and court cases. The Court of Appeal for Ontario has reviewed how they should be used (Fisher v. Fisher, 2008 ONCA 11).
They apply to support under the federal Divorce Act and under Ontario's Family Law Act.
Four basics apply to both formulas:
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Entitlement comes first. The Guidelines say how much and how long, not whether. Entitlement depends on the law and the facts. See Spousal support in Ontario.
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Income starts with the same figure used for child support. Some adjustments apply. Income can also be imputed if a spouse is not earning what they could.
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There is a ceiling. When the paying spouse earns more than $350,000 a year, the formulas give way to the court's discretion.
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There is a floor. When the paying spouse earns less than $20,000 a year, support is usually not paid. Between $20,000 and $30,000, it may be reduced or not paid.
The results are ranges. Where support falls within the range depends on the facts, discussed below.
The without child support formula
This formula applies when no child support is being paid. That includes couples who never had children and couples whose children are grown.
Amount. Take the difference between the spouses' gross annual incomes. Support is 1.5% to 2% of that difference for each year the spouses lived together. The percentage stops rising at 25 years, where the range is 37.5% to 50%. The top of the range is also capped. The recipient should never end up with more than half of the couple's combined net income.
Duration. Support lasts half a year to one year for each year together. It becomes indefinite, meaning no end date is set, in two cases:
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the relationship lasted 20 years or more; or
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it lasted at least 5 years, and the years together plus the recipient's age at separation add up to 65 or more. This is called the "rule of 65."
Indefinite does not mean permanent. Support can still be reviewed or changed later.
Example. Hypothetical figures. Alex earns $100,000 a year and Sam earns $40,000. They lived together for 10 years and have no children. The income difference is $60,000. Ten years at 1.5% to 2% gives 15% to 20% of that difference. The range is $9,000 to $12,000 a year, or $750 to $1,000 a month, for 5 to 10 years.
The with child support formula
This formula applies when one spouse pays child support to the other. Child support comes first, and spousal support is calculated on what is left.
Amount. The formula works with each spouse's individual net disposable income. In plain terms, that is income after taxes and payroll deductions, after child support, and including government child benefits. It then finds the support amounts that leave the lower-income spouse with 40% to 46% of the couple's combined net disposable income. Because taxes and benefits interact, this calculation is done with software.
Duration. First orders under this formula usually set no end date. The Guidelines still give a range, which matters on later reviews. Two tests apply, and the longer result wins at each end of the range:
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Length of the relationship: half a year to one year for each year together.
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Age of the children: from when the youngest child starts full-time school, up to when the youngest child finishes high school.
The relationship-length test usually governs relationships of 10 years or more. The children's-age test usually governs shorter ones.
The Guidelines have variations for shared parenting, split parenting, and cases where the higher earner has the children most of the time.
What decides where support falls in the range?
The range is a starting point for negotiation or argument. Factors that move support up or down include:
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how strong the compensatory claim is, for example a career given up to care for children;
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the recipient's needs, and the children's ages and needs;
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the paying spouse's needs and ability to pay;
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the property division and debts; and
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what the recipient can reasonably do to become self-sufficient.
Amount and duration can also be traded off. Support can be paid at a higher rate for a shorter time, at a lower rate for longer, or as one lump sum.
The Divorce Act lists the objectives of support. They include recognizing economic advantages or disadvantages from the marriage and sharing the financial consequences of caring for children. They also include relieving hardship and promoting self-sufficiency. The Family Law Act has similar purposes.
How does a short marriage or relationship affect spousal support?
Length matters at two stages: whether you can claim support at all, and how much and for how long.
Can you claim support after a short relationship?
Unmarried partners can claim support under the Family Law Act only if they qualify as spouses. That means living together continuously for at least three years. A shorter relationship also qualifies if it has some permanence and you have a child together. A two-year relationship without a child does not meet that test.
Married spouses have no minimum length. But being married is not enough on its own. You still need a compensatory, needs-based or contractual reason for support. In a short marriage without children, support is usually needs-based and transitional, to help the recipient adjust. Where the spouses' finances were never really combined, a court may find no entitlement at all.
Under the Divorce Act, misconduct such as an affair is not considered (Divorce Act, s. 15.2(5)). Under the Family Law Act, a court can consider conduct that is an obvious and gross repudiation of the relationship.
How length is counted
The Guidelines count the whole time you lived together, including any time before the wedding, up to the date you separated. They do not count the time from separation to divorce.
Short relationships without children
Under the without child support formula, a short relationship means a small percentage for a short time.
Take the same incomes as before, $100,000 and $40,000, but a 3-year relationship. Hypothetical figures. Three years at 1.5% to 2% gives 4.5% to 6% of the $60,000 difference. The range is $2,700 to $3,600 a year, or $225 to $300 a month, for 18 months to 3 years. After 10 years, the same couple's range was $750 to $1,000 a month for 5 to 10 years.
Other points for short relationships:
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The rule of 65 does not apply to relationships under 5 years, whatever the recipient's age.
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Small awards are often paid as a lump sum or a short transitional payment.
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An exception allows more support in short and medium marriages without children with a strong compensatory claim. Examples are a spouse who moved or gave up a job for the relationship. Another is a spouse who supported the other through school or training.
Short relationships with children
When there are children, a short relationship does not keep support short. The children's-age test often sets the duration instead.
Hypothetical example. A couple separates after 4 years. Their only child is 6 and already in full-time school, and will finish high school in about 12 years. The relationship-length test gives 2 to 4 years. The children's-age test gives up to about 12 years. Taking the longer result at each end, the range is roughly 2 to 12 years.
The amount still comes from the 40% to 46% calculation, which depends far less on the length of the relationship. After a short marriage with young children, support can therefore continue for many years. Spousal support after a short marriage covers this in more detail.
Talk to a family lawyer about spousal support
If you want to get an idea of your spousal support obligations, book a free 15-minute call. The call covers the process, fees and next steps; it is not legal advice on your situation. Spousal support work is billed at $275 an hour plus HST or under a limited-scope retainer, with a written estimate first. We meet clients by phone or video, or in person at our North York office.
Book a free 15-minute call about spousal support · Call 416-858-1320
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Last reviewed: November 2, 2026
This page is general information about Ontario and federal law, not legal advice. Reading it or contacting us does not create a lawyer-client relationship. Laws and court fees change; check the date above.