What are the Spousal Support Advisory Guidelines?

The federal Department of Justice introduced the Spousal Support Advisory Guidelines (SSAG) but the federal government has not legislated the *SSAG. *In this sense, the *SSAG *are not obligatory.

Nonetheless in Fisher v. Fisher, the Ontario Court of Appeal approved of the use of the *SSAG *and provided that the *SSAG *should be applied as follows:

• The SSAG are applicable to cases of first instance. However, they are not automatically applicable on variations or reviews or where a previous agreement provides for support, although the court may consider the *SSAG *in these cases.
• The *SSAG *do not necessarily apply to payor spouses who earn more than $350,000 per year.
• The reasonableness of the *SSAG *calculation must be weighed in light of the particular facts of each case.

It is important to note that the *SSAG *do not determine as to whether a person is entitled to spousal support.

The *SSAG *provides three figures or quantums of support payable from the higher-earning spouse to the lower-earning spouse. Specifically, it provides a high, mid and low figure. As well, the *SSAG *outlines the duration of spousal support. In the context of a long-term marriage, the duration of spousal support may be indefinite.

To learn more about spousal support in the context of family law, call 905.707.3370 to arrange for a consultation today.