Calculate spousal or partner support

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Learn the basics about spousal and partner support rules before you calculate spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support..

Then, there are a few other things you should know.

Calculate child support

If you have dependent childrendependent children Children under the age of 18 years or children 18 years or older who are not financially independent. An adult child may not be financially independent because they are studying full-time or have injuries, disabilities or medical conditions., the amount of spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. changes based on the child support amounts. Calculate child support first. You will need to agree on the amount of child support or have a court decide before you can correctly calculate spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support..

Figure out gross income

Before you can calculate spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support., you need to know each spouse/partner’s gross incomegross income Income before taxes are deducted..

If a spouse/partner is an employee, their gross incomegross income Income before taxes are deducted. is usually the amount in line 150 of their T1 tax form or Notice of Assessment.

A spouse/partner cannot use the line 150 amount if they receive money through:

• being a business ownerbusiness owner A person who is self-employed, is a partner in a partnership, or owns 1% or more of a corporation., including self-employment, being a partner in a business partnership, controlling a corporation, or having more than a 1 % interest in a corporation
• employment insurance
• disability benefits
• pension
• social benefits
• other ways not included in the line 150 amount

If a spouse/partner is a business ownerbusiness owner A person who is self-employed, is a partner in a partnership, or owns 1% or more of a corporation., they must share more detailed financial information to prove their income. This is known as Cunningham Disclosure. Download a template for sharing your Cunningham Disclosure.

If a spouse/partner is not sharing their financial information, the court will estimate their gross incomegross income Income before taxes are deducted.. This is known as imputing income.

If a court imputes gross income

The court can imputeimpute To assign a value to something. For example, the court can impute an income to a person who is not sharing their financial information. In doing so, the court estimates the person’s income for the purpose of calculating support. an income to a person if they:

• are intentionally underemployed or unemployed
• do not pay taxes on their income
• live in a country with tax rates that are a lot lower than those in Canada
• have diverted income elsewhere
• are not properly using their property to earn income
• are not sharing their financial information
• unreasonably deduct expenses from income
• earn a lot of income from sources that are taxed at a lower rate than employment earnings, such as dividends or capital gains
• receive trust income or other benefits from a trust

If you are asking the court to imputeimpute To assign a value to something. For example, the court can impute an income to a person who is not sharing their financial information. In doing so, the court estimates the person’s income for the purpose of calculating support. income for the other spouse/partner, share with the court as much information as you can about the person’s work history, education and training, income and living habits. For example, you can look up the average salary for the person’s position on the ALIS website and share that information with the court.

If the court imputed income to you, this amount may be higher or lower than your actual income. You cannot ask the court to recalculate spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. simply by sharing your financial information. If the court imputed your income, you usually can only recalculate child support if your circumstances have changed.

Calculate spousal/partner support using the SSAG

You and the other spouse/partner can agree on the amount of spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support.. Or you can get help from a legal professional without going to court or ask the court to decide on the amount of spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support..

The Spousal Support Advisory Guidelines (SSAG) set out a range of support payment amounts and for how long a payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. owes support for a variety of situations. Even though the SSAG refers to spousal support only, adult interdependent partners can also use them to calculate partner support.

The SSAG are not law, which means they are not strictly used like the Federal Child Support Guidelines are for calculating child support. However, lawyers and courts use them as a starting point for calculating spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support.. The spouses/partners or the court may choose a different amount of support that better fits the situation.

You can use a free online calculator, such as MySupportCalculator and DivorcePath, to help you calculate spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. according to the SSAG. But these tools are not always correct, so it’s a good idea to ask a lawyer to doublecheck the numbers.

There are also limits and exceptions to using the SSAG, including:

• If a payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent.’s gross incomegross income Income before taxes are deducted. is over $350,000 or less than $20,000, the spouses/partners or the court can decide on a support amount that is fair.
• If a payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent.’s gross incomegross income Income before taxes are deducted. is more than $20,000 but less than $30,000, the spouses/partners or the court can decide the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent. does not need to pay spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. or can pay an amount that is less than what the guidelines say.

If you want to learn more about the exceptions and limits of the SSAG, read Chapter 12 of the SSAG or get legal support.

Choose the scenario that applies to you to calculate spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. using the SSAG.