What is SSAG? Why are the Spousal Support Advisory Guidelines not mandatory like child support?
SSAG stands for Spousal Support Advisory Guidelines, an advisory document developed by Professors Carol Rogerson and Rollie Thompson under contract with Justice Canada. It has been used in Ontario family courts since 2008. SSAG provides amount ranges and duration ranges for spousal support — but unlike the Federal Child Support Guidelines (which are mandatory), SSAG is advisory only. Judges treat SSAG as a starting point but exercise discretion to land within, above, or below the range based on case-specific factors. For amount and duration drivers, see how spousal support amount and duration are determined; for entitlement basics, read who is entitled to spousal support; for income disputes, see imputed income and spousal support.
Key Points
SSAG = Spousal Support Advisory Guidelines. Developed by Professors Carol Rogerson and Rollie Thompson under contract with Justice Canada, SSAG provides suggested ranges for spousal support amount and duration. It is not binding law, but Ontario family lawyers and judges reference it in most cases.
The fundamental difference from child support: Federal Child Support Guidelines are mandatory — judges have very limited discretion to depart from the table calculation. SSAG is advisory — judges weigh case-specific factors and can land at the low, mid, or high end of the SSAG range, exceed the high end, fall below the low end, or depart from SSAG entirely in unusual cases.
Detailed Answer
SSAG offers two formulas: the without-child-support formula (for marriages without minor children) focuses on income disparity and marriage length; the with-child-support formula (when child support is also payable) factors in disposable income after child support. Both formulas produce amount ranges (low/mid/high monthly figures) and duration ranges (minimum to maximum support years).
Why isn't SSAG mandatory? This was a deliberate policy choice. Spousal support involves far more variable factors than child support — marriage length, role allocation, compensatory claims, health status all require individualized judicial weighing. A rigid formula could not accurately reflect these complex realities. SSAG was therefore designed as an 'advisory guidance + judicial discretion' hybrid.
How courts actually use SSAG: Ontario judges treat SSAG ranges as a starting point, then layer in (1) case-specific factors; (2) any departure arguments raised by the parties; (3) relevant case law; (4) fairness and reasonableness considerations. A long marriage with a strong compensatory claim may exceed the SSAG high end; a payor in financial hardship may settle below the low end; unusual cases may depart from SSAG entirely.
Practical implications of SSAG's advisory nature: (1) don't accept or reject a settlement based purely on a SSAG calculator output — case-specific analysis matters; (2) negotiation room exists both inside and outside the SSAG range; (3) income disputes (including imputed income) often matter more than which part of the SSAG range applies — for the same marriage length, whether the payor's income is imputed at $80K or $150K produces dramatically different outcomes. Contact Miao He at 647-930-6688 to discuss your specific situation.
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