How many formulae are there? And what is the difference?

There are two main formulae: one for cases where child support is being paid (“with child support” formula) and one for cases where no child support is being paid (“without child support” formula). The main difference between the two is how spousal support is calculated while taking into account the presence or absence of child support payments. 

Give the formulae to calculate spousal support with children.

For the payor, this is amount is: The Guidelines Income amount – child support – taxes and deductions + government benefits and credits.

For the recipient, this amount is: Guidelines Income amount – notional child support – taxes and deductions + government benefits and credits.

What is notional child support?

Notional child support refers to the situation where one parent pays spousal support to the other, but the amount of spousal support is reduced to reflect the fact that the paying parent is also contributing to the financial support of the children.

How is the duration determined for the lower and upper range?

The duration of spousal support is determined based on the length of the marriage or relationship, among other factors. The lower and upper ranges of duration provide a guideline for how long support should be paid, with the actual duration falling somewhere within that range based on the case’s specific circumstances.

For lower-end spousal support the duration is determined by:

• One-half the number of years of marriage/cohabitation; and
• Number of years until youngest child starts full-time school.

For upper-end spousal support the duration is determined by:

• Number of years of marriage/cohabitation; and
• Number of years until youngest child finishes high school.

For longer marriages, how is the duration determined?

For longer marriages, spousal support is more likely to be paid for a longer duration, potentially even indefinitely, especially if one spouse is financially dependent on the other and has a lower ability to become self-sufficient.

• The Length of Marriage Test is generally used to calculate support duration for longer marriages:
  • For medium and longer marriages of 10+ years, the duration is half to one year of support for every year of marriage/cohabitation.
• For marriage/cohabitation periods of more than 20+ years, or marriages longer than 5 years and the age of the recipient plus the years of marriage is 65 years or more, (“Rule of 65”), support duration will be indefinite.
• For shorter marriages, how is the duration determined?

For shorter marriages, spousal support is typically paid for a shorter duration, often to provide support until the recipient spouse can become financially independent, retrain, or secure suitable employment.

• The Age of Children Test is generally used to calculate duration for shorter marriages of less than 10 years. 
  • At the lower end, it is the number of years until the youngest child starts full time school.
• At the upper end, it is the number of years until the youngest child finishes high school.
• Which factors are considered to determine where one falls in the range?

Factors such as the length of the marriage or relationship, the financial needs and means of each spouse, the roles each spouse played during the marriage, and any agreements or arrangements made between the parties are considered when determining where one falls within the range of spousal support duration.

Is there a deadline to apply for spousal support?

There is no strict deadline to apply for spousal support, but it’s generally advisable to do so as soon as possible after separation or divorce. The court may consider factors such as delay in applying when determining the amount and duration of support.