What are the SSAG, the RUG, and DivorceMate?
The Spousal Support Advisory Guidelines (SSAG) are guidelines that underpin the calculation of spousal support. The final version of these guidelines were released in 2008. The SSAG have not been legislated by any level of government. In other words, the SSAG are not law. Rather, they are guidelines. Even though they are not binding law, lawyers and judges regularly rely on the SSAG (Fisher v. Fisher, 2008 ONCA 11). According to case law judges must consider these SSAG on an initial application for support. The SSAG also have a role to play on variation applications of spousal support; however, in variation cases there may be complicating factors that a court must consider before applying the SSAG wholesale.
The Spousal Support Advisory Guidelines: The Revised User’s Guidelines (which are sometimes called the “RUG”) were released in April of 2016 and update the SSAG. The RUG do not provide a comprehensive review of all case law relating to the SSAG since 2008. However, the RUG focuses on leading appellate and trial decisions since the release of the SSAG in 2008.
The SSAG and DivorceMate are closely connected as DivorceMate is a computer program that provides calculations based on the SSAG. Family lawyers and judges in Ontario often use DivorceMate to assist in calculating spousal support. On the issue of spousal support, DivorceMate does not determine whether a spouse is actually entitled to spousal support. Entitlement depends on the particular facts of each case. The issue of entitlement should be discussed with you family lawyer before producing any DivorceMate calculations. DivorceMate provides a range of amounts (quantum) of spousal support, which include the “low-range,” “mid-range,” and “high-range” amounts. DivorceMate also provides a range of the length of time that spousal support ought to be paid. This is often referred to as the duration of spousal support.
If you have questions relating to spousal support, contact one of the lawyers at Krol & Krol for a consultation.
