Obtaining Reliable and Repeatable SSAG Calculations

4. THE WITHOUT CHILD SUPPORT FORMULA

The without child support formula applies to determine spousal support where the parties’ relationship has not produced children or where all children are all adult and independent. It applies whenever there is no child support obligation concurrent with the spousal support obligation.SSAG §7

NOTE: Both aspects of this formula, the calculations for both quantum and duration, must be applied when spousal support is determined under this formula. Quantum and duration are interrelated in the without child support formula and one cannot be used without the other or without the adjustment of the formula results beyond the ranges. SSAG §7.5.1

4.1 Required Information

The information required to perform this calculation is:

  • Payor’s Gross Income, determined in accordance with the Child Support Guidelines
  • Recipient’s Gross Income, determined in accordance with the Child Support Guidelines
  • Age of Recipient
  • Length of Cohabitation, calculated from date of marriage to date of separation, plus any period of cohabitation before marriage

4.2 Formula Structure

The without child support formula for duration is based on the length of the time the parties lived together, including any periods of cohabitation prior to the marriage. SSAG §7.1

The formula for quantum is based on the parties’ gross incomes, as determined using the Child Support Guidelines. SSAG §7.1

4.2.1 Quantum

Payments range from 1.5 percent (low end of the range) to 2.0 percent (high end of the range) of the difference between the parties’ gross incomes per year of cohabitation. SSAG §7.4

The maximum amount payable is reached when length of cohabitation reaches 25 years, 37.5 percent (low end of the range) of the gross income difference to 50 percent (high end of the range). The high end of the range for amount may be limited at a lower amount as a result of the “equalization of net income cap” which will ensure that the recipient will not receive an amount of support that would leave him or her with more than 50 percent of the parties’ net disposable income. SSAG §§ 7.4, 7.4.1

NOTE: The Advisory Guidelines software will calculate the equalization of net income cap. If the software is not available, a rough equivalent limit can be fixed by limiting the high range to 48 percent of the gross income difference. SSAG §7.4.1

The Advisory Guidelines software will calculate the parties’ net incomes to screen for and apply the equalization of net income cap. If counsel has any suspicion that this limit may be reached, counsel should ensure that all data relevant to determination of net income has been entered into the software.

4.2.2 Duration

Spousal support will be payable for a length of time equal to 0.5 years (low end of the range) to 1.0 years (high end of the range) per year of cohabitation. SSAG §7.5

The maximum duration spousal support will be payable for is indefinite, duration not specified when:

  1. the length of cohabitationis greater than five years and the length of cohabitation plus the age of the recipient is greater than or equal to 65; or,
  2. the length of cohabitationis twenty or more years.

NOTE: Duration is to include any period in which support or its equivalent was paid on an interim basis pending a final determination of the issue. In other words, the number of months during which interim support or its equivalent was paid should be deducted from the results produced by the formula for duration. SSAG §5.3