Family Law — Ontario
Ontario Spousal Support: SSAG, Moge, Quantum and Duration (2026 Guide)
Spousal support is one of the most discretionary areas of Ontario family law — and one of the most litigated. The Spousal Support Advisory Guidelines (SSAG) provide quantum and duration ranges, but entitlement, the choice of formula, and the specific amount within the range all require careful analysis of the parties' circumstances and the Moge compensatory framework.
Entitlement: The Moge Framework
Moge v Moge, [1992] 3 SCR 813 remains the foundational case on spousal support entitlement in Canada. The Supreme Court rejected the “clean break” model and established that spousal support serves multiple objectives: compensating economic disadvantage caused by the marriage and its breakdown, relieving economic hardship, and promoting self-sufficiency. Entitlement must be established before quantum and duration are analyzed.
Compensatory Model (Moge)
The receiving spouse gave up career advancement, education, or earning capacity to support the other spouse's career or to raise children. The support compensates for economic disadvantage caused by the relationship.
Indicators: One spouse left work or reduced hours for children; one spouse relocated for other spouse's career; one spouse funded the other's education or professional development
Non-Compensatory (Needs-Based)
The receiving spouse has genuine financial need arising from the breakdown of the relationship, even if the need is not caused by a compensable sacrifice. Particularly relevant for long marriages where one spouse became economically dependent.
Indicators: Long traditional marriages; significant lifestyle disparities between spouses; older recipient with limited ability to re-enter workforce; health limitations
Contractual
A marriage contract, cohabitation agreement, or separation agreement provides for spousal support. Courts generally enforce contractual terms if the agreement was freely negotiated with independent legal advice.
Indicators: Marriage contract with spousal support provisions; separation agreement with time-limited or unlimited support
SSAG Formulas: Quantum and Duration
The Spousal Support Advisory Guidelines are not legally binding — they are advisory guidelines developed by law professors Carol Rogerson and Rollie Thompson. However, they have become the dominant framework for spousal support analysis in Canada. Courts regularly refer to SSAG ranges and departures require justification.
Without Child Support Formula
Applies when
After child support ends (or where no children)
Quantum formula
1.5% to 2.0% of the difference in the spouses' gross incomes per year of marriage
Example / range
Example: $50,000 income difference, 10-year marriage = $7,500 to $10,000/year ($625 to $833/month)
Duration
0.5 to 1 year of support per year of marriage; indefinite if 20+ years or rule of 65
With Child Support Formula (Merged Formula)
Applies when
While child support is being paid (recipient is the custodial parent)
Quantum formula
Based on net disposable income shares — complex calculation using both spouses' incomes after child support, taxes, and government benefits
Example / range
Ranges from 40-46% of combined net disposable income to the support recipient (where recipient has primary residence)
Duration
Indefinite or duration linked to child support — continues until youngest child is in full-time school, then re-evaluated
The Rule of 65 and Indefinite Support
Under the SSAG without child support formula, support may be indefinite (no set end date) where:
The marriage was 20 or more years in duration, or
The years of marriage plus the recipient's age at separation equals or exceeds 65 (the 'Rule of 65')
“Indefinite” does not mean permanent — it means no specified end date. The payor can still apply to vary or terminate support if there is a material change in circumstances, such as the recipient achieving economic self-sufficiency or the payor's retirement.
Example: Recipient is 55 at separation after a 12-year marriage: 55 + 12 = 67. The Rule of 65 applies — indefinite support is within the SSAG range.
Variation of Spousal Support
Either party can apply to vary a spousal support order under s. 17 of the Divorce Act on the basis of a material change in circumstances. The change must be significant, long-lasting, and not contemplated at the time of the original order.
Significant income decrease (payor)
Job loss, disability, forced retirement, business failure — must be significant and not self-induced
Significant income increase (payor)
Promotion, new business success — recipient can apply to vary upward
Recipient's increased income
If recipient achieves economic self-sufficiency or income significantly increases
Recipient's new cohabiting relationship
New relationship may affect need, particularly if living with a higher-income partner
Remarriage of recipient
May terminate support depending on the original order's terms; not automatic termination
Payor's retirement
Bona fide retirement reducing income is a material change — but courts look at whether retirement was reasonable
Health change
Serious health deterioration affecting income or need
Child support ending
When youngest child leaves full-time education — triggers re-assessment under SSAG
Frequently Asked Questions
How is spousal support calculated in Ontario?
Ontario courts use the Spousal Support Advisory Guidelines (SSAG) to calculate quantum and duration. The SSAG without child support formula uses the spouses' incomes to generate a range: typically 1.5-2% of the difference in net disposable incomes per year of marriage. The with child support formula works differently, using the 'Merged Formula' that accounts for child support obligations. Courts are not required to follow the SSAG but use them as a starting point — departures require justification.
Is there a right to spousal support in Ontario?
There is no automatic right to spousal support in Ontario. A spouse must establish entitlement based on one of three grounds recognized in Moge v Moge (SCC 1992): (1) Compensatory — a spouse gave up career opportunities or economic advantages during the relationship; (2) Non-compensatory — a spouse has genuine need arising from the relationship; (3) Contractual — a marriage contract or separation agreement provides for support. Courts consider economic disadvantage arising from the relationship, the economic hardship of the breakdown, and the goal of economic self-sufficiency.
How long does spousal support last in Ontario?
Duration under the SSAG without child support formula is generally 0.5 to 1 year of support per year of marriage, with a minimum of 6 months. For long marriages (20+ years, or age + years of marriage exceeds 65), the SSAG allows for indefinite support (duration not specified). With child support formula can result in indefinite support during the child rearing years. Duration ranges are as important as quantum ranges — always present both.
Can spousal support be varied in Ontario?
Yes. Under s. 17 of the Divorce Act, either spouse can apply to vary a spousal support order on the basis of a material change in circumstances since the original order. A material change must be significant and long-lasting — not a temporary fluctuation. Grounds include: major income change for either party, remarriage or new cohabiting relationship, retirement, changed health circumstances, or the recipient achieving economic self-sufficiency. A separation agreement with support provisions may also be varied if there is material change, but courts approach this more cautiously.
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