Spousal Support Calculations: the Spousal Support Advisory Guidelines
Introduction
The Spousal Support Advisory Guidelines (SSAG) provide a framework for determining the amount of spousal support, using one of three different formulas. These formulas, while complicated, are the tools that family lawyers and courts use to ensure fair and equitable spousal support arrangements.
The “Without Child Support” Formula
The first formula, known as the “without child support” formula, calculates spousal support based on the difference between the spouses' gross incomes and the length of the marriage. The support ranges between 1.5-2% of the income difference per year of marriage, up to a maximum of 37.5-50% for marriages of 25 years or more. The duration of the support is 0.5 to 1 year per year of marriage, becoming indefinite if the marriage was longer than 20 years or if the rule of 65 is met, where the years of marriage plus the age of the support recipient at the time of separation total 65 or more.
The “With Child Support” Formula
The second formula is the “with child support” formula. This formula aims to leave the recipient spouse with between 40 and 46% of the combined family net income after child support has been factored out. The duration of support under this formula is more complex, usually being indefinite, but depending on the ages of the children and the expected date of the youngest child's school milestones.
The “Adult Children” Formula and Other Categories
The third formula, the “adult children” formula, is applicable when the children of the marriage are 18 or older but not yet independent. This formula takes into account any child support or section 7 contributions for these adult children. There are also special formulas for situations where custody is shared or split, or where the spousal support is being paid by the custodial parent.
Conclusion
Choosing the appropriate SSAG formula can be complex and requires a good understanding of the specific circumstances of the family. Reliable software programs are often used by family lawyers to assist with these calculations, ensuring the selected formula accurately reflects the family situation. While these formulas may seem complicated, they are designed to ensure fairness and predictability in the process of determining spousal support.
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