How is spousal support calculated?

Spousal support may be calculated in numerous ways. Firstly, the judges may simply decide to award an amount for a period of time that, based on all the circumstances of the case, they feel is appropriate.

Or, they may make use of the Spousal Support Advisory Guidelines which provide 2 formulas. The without child support formula which is used for couples who have no children and the with child support formula which is used when there are children and a concurrent child support obligation.

However, these guidelines are simply advisory and not law therefore it is not necessary that they be used.

The Without Child Support Formula

Amount ranges from 1.5 to 2 percent of the difference between the spouses’ gross incomes (the gross income difference) for each year of marriage/cohabitation, up to a maximum of 50 percent. The maximum range remains fixed for marriages 25 years or longer at 37.5 to 50 percent income difference. (The upper end of this maximum range is capped at the amount that would result in equalization of the spouses’ net incomes – the net income cap.)

Duration ranges from .5 to 1 year for each year of marriage. However, support will be indefinite if the marriage is 20 years or longer, in duration or, if the marriage has lasted 5 years or longer, when the years of marriage and age of the support recipient (at separation) added together total 65 or more. (The rule of 65.)

The With Child Formula

1. determine the individual net disposable income (INDI) of each spouse:
   • Guidelines income minus Taxes and Deductions = Payor’s INDI
   • Guidelines Income minus Notional Child Support minus Taxes and Deductions Plus Government Benefits and Credits = Recipient’s INDI
2. Add together the individual net disposable incomes. By iteration, determine the range of spousal support amounts that would be required to leave the lower income spouse with between 40 and 46 percent of the combined INDI.

The With Child Support Formula for Duration

Initial orders indefinite (duration not specified) subject to cumulative durational limits implemented by review or variation:

Upper End of the Range: the longer of

• the length of marriage, or
• the date the last or youngest child finishes high school

• one-half the length of marriage, or
• the date the youngest child starts full-time school