What are the Spousal Support Advisory Guidelines?
Spousal Support Advisory Guidelines (SSAG) have been developed to help spouses to determine the appropriate amount to be paid in spousal support cases. There was a lot of concern that the powers given to judges was too discretionary and that awards were inconsistent. If the parties go to court, the court may consider these guidelines in making a determination of support. These guidelines do not have to be followed, unlike the Child Support Guidelines which must be adhered to in most circumstances, but they do give a good idea of what the reasonable amount of support is. The SSAG guidelines have been developed to take into account the length of the marriage, income levels, the work history of the spouses, and the number of children. The final version of the SSAG guidelines was released in July 2008.
The SSAG guidelines consist of two formulas: one for spouses paying child support and one for spouses where there is no child support being paid. The “without child support formula” relies heavily upon the length of relationship in determining both the amount and duration of support. The length of the relationship includes time of cohabitation before marriage as well. The formula is based on the gross family income of the spouses but it is helpful to also check the net disposable income positions of the spouses to get a realistic picture. The “with child support formula” is actually a set of formulas built around the custodial and child support arrangements of the children. For shared custody arrangements, the SSAG formula aims at a 50/50 distribution of net disposable income. This ensures similar standards of living in each of the parents’ homes. Where the recipient has custody of the child(ren) the formula basically increases the net disposable income of the recipient as the number of children living with the spousal support recipient increases. The guidelines provide ranges in amounts and duration and then the court (or you and your lawyer) can adjust the amount and duration to fit the particular specifics of your case.