People frequently wish to know what their spousal support obligation is or what spousal support they are entitled to when they separate. Unlike child support, there is no easy way to use a spousal support calculator that allows you to input numbers to arrive at an estimated monthly or lump sum payment.
The Court is the Alimony Calculator
The “alimony 0calculator” is really a set of guidelines and mathematical guidelines called the “Spousal Support Advisory Guidelines”. They were developed by leading Canadian Family Law Lawyers and academics to help determine a range of appropriate quantums of spousal support. The Spousal Support Advisory Guidelines (SSAG) assist Judges and Lawyers in determining the quantum and duration of spousal support based on:
- The duration of the marriage
- The age of the parties
- The number of children
- The quantum of child support and the incomes of the parties
It is usually necessary to use a computer program to determine the range of spousal support. The lawyers at Fine & Associates Professional Corporation can assist you in calculating the range of spousal support that you may be entitled to or obligated to pay. Although the SSAG are persuasive, and helpful to a court, they are not binding on the court. The courts have stated that “we use computers for calculation and judges and masters for judging. We should be careful not to confuse the two.”
Principles of Spousal Support
The following are some of the important principles in evaluating the issue of spousal support:
- In determining support, a party or a judge has to consider the following:
- Standing
- Entitlement
- Form
- Duration
- Amount
- There are three types of support:
- Compensatory support to address the economic advantage or disadvantage to the spouses flowing from the marriage
- Non-compensatory support/Dependency-based support to address the disparity between the parties needs and means upon marriage breakdown
- Contractual support to reflect an express or implied agreement between the parties concerning the parties’ financial obligations to one another
- Courts will uphold general reasonable support arrangements
- Support is usually periodic
- Support is based on the payor’s ability to pay
- The same rules apply to determine spousal support between married or unmarried couples
- If a spouse remarries and was dependent during the parties’ relationship, he/she is not automatically disentitled to support;
Why You Need a Lawyer’s Help
Although there are spousal support calculations to help determine the amount and duration of spousal support, these formulas should not be taken as fixed calculators. There are floor and ceiling amounts for the incomes used for alimony calculations and special circumstances that can affect spousal support duration.
In order to calculate fair alimony amounts and durations with all factors considered, lawyers use special software based on the SSAG and then evaluate your situation based on the law. If you try to calculate your own spousal support agreement without the benefit of legal advice, it could result in a costly miscalculation.
Contact Experienced Family Law Lawyers in Toronto
To protect your financial future after a Divorce, you need the help of experienced alimony lawyers with the right training and tools.
The Family Law Lawyers at Fine & Associates Professional Corporation have over 20 years of combined experience fighting for our clients’ rights and full entitlements under Ontario Divorce laws. Contact us to begin aggressively pursuing your fair spousal support.