What are the Spousal Support Advisory Guidelines?

The federal Department of Justice introduced the Spousal Support Advisory Guidelines (SSAG) but the federal government has not legislated the SSAG. In this sense, the SSAG are not obligatory.

Nonetheless in Fisher v. Fisher, the Ontario Court of Appeal approved of the use of the SSAG and provided that the SSAG should be applied as follows:

• The SSAG are applicable to cases of first instance. However, they are not automatically applicable on variations or reviews or where a previous agreement provides for support, although the court may consider the SSAG in these cases.
• The SSAG do not necessarily apply to payor spouses who earn more than $350,000 per year.
• The reasonableness of the SSAG calculation must be weighed in light of the particular facts of each case.

It is important to note that the SSAG do not determine as to whether a person is entitled to spousal support.

The SSAG provides three figures or quantums of support payable from the higher-earning spouse to the lower-earning spouse. Specifically, it provides a high, mid and low figure. As well, the SSAG outlines the duration of spousal support. In the context of a long-term marriage, the duration of spousal support may be indefinite.

To learn more about spousal support in the context of family law, call 905.707.3370 to arrange for a consultation today.