- Spousal support is only available where a spouse has a legal entitlement — being married or common-law does not automatically create a right to support.
- The Spousal Support Advisory Guidelines (SSAG) produce a range for both amount and duration, not a single fixed figure like child support.
- Under the without-child-support formula, typical duration ranges from 0.5 to 1 year per year of marriage.
- Support becomes indefinite (no fixed end date) if the marriage lasted 20+ years, or under the “rule of 65” — where years of marriage plus the recipient's age at separation add up to 65 or more (for marriages of at least 5 years).
- Indefinite does not mean permanent — indefinite support can still be varied or reviewed as circumstances change.
- Spousal support orders and agreements can later be varied if there is a material change in circumstances, similar to child support and parenting arrangements.
The Short Answer
Spousal support in Ontario is not a fixed formula the way child support is. It starts with a legal question — entitlement — and only then moves to calculating a range of possible amounts and durations under the Spousal Support Advisory Guidelines (SSAG), based primarily on the length of the relationship and the income difference between spouses.
Step 1: Do You Have Entitlement?
Before any amount is calculated, a spouse must first establish they are entitled to support at all. Simply being married, or meeting the common-law threshold, does not automatically create a right to spousal support — it depends on the specific circumstances of the relationship and separation.
The Three Bases for Entitlement
- Compensatory — compensating a spouse for economic disadvantages arising from the relationship or its breakdown, such as leaving the workforce to raise children
- Non-compensatory (needs-based) — addressing genuine need and the practical ability to become self-sufficient after separation
- Contractual — based on an agreement between the spouses, such as a marriage contract or separation agreement addressing support
The Spousal Support Advisory Guidelines
Once entitlement is established, Ontario lawyers and courts generally turn to the Spousal Support Advisory Guidelines — a set of formulas, developed federally, that produce a range of appropriate amounts and durations rather than a single number. The SSAG are advisory, not binding legislation, but they are used extensively in practice for their consistency and predictability.
How the Amount Is Calculated
The SSAG apply one of two formulas depending on the family's situation:
| Formula | When It Applies | How It Works |
|---|---|---|
| Without child support | No dependent children involved | Produces a range for both amount and duration, based on length of marriage and income difference |
| With child support | Child support is also being paid | Child support is calculated first and takes priority; spousal support is then assessed from the income remaining |
See our guide on how child support is calculated in Ontario to understand how the two formulas interact.
How Long Support Lasts
Under the without-child-support formula, duration is generally calculated at 0.5 to 1 year for every year of marriage. A 10-year marriage, for example, would typically fall somewhere in a 5-to-10-year support duration range, before considering any exceptions.
The “Rule of 65”
Support duration becomes indefinite (no fixed end date set at the time of the order) in two situations:
- The marriage lasted 20 years or more, regardless of the spouses' ages, or
- The marriage lasted at least 5 years, and the years of marriage plus the support recipient's age at separation add up to 65 or more — the “rule of 65”
A couple separates after a 12-year marriage. The support recipient is 55 years old at separation. Since 12 (years of marriage) plus 55 (age) equals 67 — over the 65 threshold, and the marriage exceeds 5 years — support duration would generally be indefinite rather than capped at a fixed number of years.
Indefinite Doesn't Mean Permanent
“Indefinite” support does not mean support that never ends or never changes. It simply means no specific end date was set at the time of the order. Indefinite support remains open to variation or review as circumstances genuinely change — retirement, a significant income change, or the recipient becoming self-sufficient can all justify revisiting it later.
Factors That Can Move You Within the Range
- The recipient's realistic ability to become self-sufficient, and how quickly
- The paying spouse's ability to pay, without undermining their own reasonable needs
- The standard of living established during the relationship
- Specific, compelling financial circumstances unique to the family
Can Support Be Changed Later?
Yes. Like parenting orders, spousal support orders and agreements can be varied where there has been a genuine, material change in circumstances since the support was established — for example, job loss, retirement, or the recipient becoming meaningfully more self-sufficient than expected.
Common Mistakes
Marriage or common-law status alone does not create a right to support — entitlement must be properly established first.
The guidelines produce a range, not a single required figure — where you land within it depends on the specific facts.
Indefinite support can still be varied or reviewed — it is not a lifetime guarantee at a fixed amount.
When child support is also payable, the calculation changes significantly — using the wrong formula can produce a badly inaccurate estimate.
Wondering about spousal support entitlement, amount, or duration in your situation? Call our Toronto family lawyers at 416-274-2222 for a free consultation.
Frequently Asked Questions
No. Being married or meeting the common-law threshold does not automatically create a right to spousal support. Entitlement must be established on one of several recognized bases — most commonly compensatory (for economic sacrifices made during the relationship) or non-compensatory (based on need and the ability to become self-sufficient).
Ontario courts and lawyers generally use the Spousal Support Advisory Guidelines (SSAG), which produce a range — not a single number — based primarily on the length of the relationship and the gross income difference between spouses, with a different formula applied depending on whether child support is also being paid.
Under the without-child-support formula, duration typically ranges from 0.5 to 1 year for every year of marriage. Support becomes indefinite (no fixed end date set at the time of the order) for marriages of 20 years or more, or where the "rule of 65" applies.
For marriages of at least 5 years, if the length of the marriage in years plus the support recipient's age at separation adds up to 65 or more, support duration becomes indefinite rather than being capped to a specific number of years. It does not apply to marriages shorter than 5 years.
No. Indefinite only means no fixed end date is set at the time of the order or agreement — it does not mean the support will necessarily continue at the same level forever. Indefinite support remains open to variation or review as circumstances genuinely change over time, such as retirement or a significant change in either spouse's income.
The without-child-support formula applies when no dependent children are involved and produces both a range of amounts and a range of durations. The with-child-support formula is more complex, since child support is calculated first and takes priority, with spousal support then assessed based on the remaining income available.
Yes, if there is a material change in circumstances — such as job loss, retirement, or a significant change in either spouse's income or needs — either spouse can apply to vary the amount, similar to how child support and parenting orders can be varied.
In many cases, yes, under the Family Law Act, provided the relationship meets the definition of "spouse" for support purposes — generally at least three years of continuous cohabitation, or cohabitation of some permanence together with a child of the relationship. Property rights for common-law couples work very differently, however.
No, they are advisory, not legislated law — but Ontario courts and family lawyers use them extensively as the practical starting point for negotiating and deciding spousal support, given the consistency and predictability they provide.
Courts consider factors such as the recipient's ability to become self-sufficient, the paying spouse's ability to pay, the standard of living during the relationship, any compelling financial need, and the specific circumstances that led to the range being calculated the way it was.
You do not strictly need one for a rough estimate, but the SSAG calculation involves several variables and exceptions that are easy to apply incorrectly. A lawyer can help ensure entitlement is properly established and the range is calculated accurately based on your specific financial situation.