The Spousal Support Advisory Guidelines
Although the Spousal Support Advisory Guidelines are not legally binding, courts increasingly refer to them, as they provide a consistent formula that takes into consideration many legally relevant factors. Such factors include the after-tax income of each spouse, the duration of the relationship, and whether there are dependent children. Accordingly, this calculator will also factor in any child support obligations.
Note that spousal support is sometimes also referred to as "alimony", which is synonymous with "spousal support". However, Canadian courts now generally refer to spousal support rather than alimony.
This calculator makes a number of assumptions in order to provide an estimate of spousal support (alimony) and child support based on the limited information provided.
Spousal support is calculated using the federal Spousal Support Advisory Guidelines, the income of each parent, applicable taxes on employment income, certain generally applicable tax deductions and credits, calculated child support and notional child support
Income is assumed to be gross employment or self-employment income, i.e. line 150 of the federal income tax return of each parent. If any income is earned from non-employment sources, the child support amount calculated will require adjustment.
Many other factors can also affect the amount of spousal support / alimony that is payable, including but not limited to:
- social assistance income;
- tax deductions and credits other than the basic deductions;
- undue hardship adjustments;
- other dependants and prior support obligations;
- property settlements and lump sum spousal support or child support payments;
- separation agreements, prenuptial agreements and postnuptial agreements or marriage contracts;
- both parties residing in Quebec or outside Canada; and
- other adjustments to income or support payable pursuant to the child support guidelines and spousal support guidelines.