This article explores how Ontario courts apply the Spousal Support Advisory Guidelines (SSAG) when a payor’s income is over $350,000. We review key case law and statutes to show how judges approach high-income spousal-support decisions.
The Role—and Limits—of the SSAG
The SSAG are generally used to determine spousal support, but they carry specific considerations and limitations for high-income earners. The SSAG are advisory guidelines used to determine spousal support in Canada. They are not binding but are highly influential in judicial decisions. The guidelines provide a range of support amounts based on the incomes of the parties involved. However, the SSAG explicitly state that they do not apply to incomes exceeding $350,000. In such cases, courts are required to conduct an individualized, fact-based analysis to determine the appropriate amount of spousal support.
The ceiling of $350,000 is intended to prevent the formulaic approach from producing skewed results. As noted in the Ontario Court of Appeal decision in Fisher v. Fisher, the SSAG “does not apply to certain enumerated circumstances, including where spouses earn above $350,000” Toscano v. Toscano, [2015] O.J. No. 315. This means that for incomes above this threshold, courts must exercise discretion and consider the specific facts of each case.
How Courts Still Use the Guidelines Above the Ceiling
Despite the ceiling, courts often reference the SSAG as a useful tool even in high-income matters. For instance, in Cork v. Cork, the court observed that the SSAG are a “useful indicator for determining spousal support regardless of the payor’s income” Virc v. Blair, [2016] O.J. No. 2813. This suggests that while the SSAG may not be strictly applicable, they can still provide a starting point for the courts’ analysis.
In practice, most lawyers continue to use the SSAG even when dealing with incomes over $350,000. This is because the guidelines offer a structured approach to calculating support, which can be helpful in negotiations and court proceedings. However, the final determination of spousal support in high-income cases requires a more nuanced analysis that considers the unique circumstances of the parties involved.
Case in Point: McCain v. McCain
The decision in McCain v. McCain illustrates the flexibility courts have in high-income scenarios. The court ordered $175,000 per month in interim spousal support, despite the payor’s income exceeding the SSAG ceiling. It shows that courts can order substantial support—even when the SSAG do not directly apply—by focusing on each party’s specific needs.
Key Factors Judges Weigh Beyond Income
Courts also consider other factors such as:
- Length of the marriage and each spouse’s roles during the marriage
- Standard of living enjoyed while together
- Recipient’s needs and ability to become self-sufficient
- Economic disadvantage one spouse faces as a result of the marriage or its breakdown
These factors are outlined in both the federal Divorce Act and the Ontario Family Law Act, which provide the statutory framework for spousal support determinations.
Practical Takeaways for High-Earning Fathers
- Expect customization. Once income crosses $350 K, no preset formula will dictate the amount;
- Use the SSAG as scaffolding. They still provide helpful ranges for negotiation, even if the final figure departs from them.
- Document lifestyle costs. Detailed records of family expenses and contributions can influence the court’s assessment of need and ability to pay.
- Seek specialized advice. Complex financial structures, bonuses, and deferred compensation often require forensic expertise and strategic legal planning.
In summary, while the SSAG provide valuable guidance in determining spousal support, their application is limited when dealing with incomes over $350,000. Courts in Ontario must conduct an individualized analysis in such cases, considering the specific circumstances of the parties involved. The SSAG may still serve as a useful reference point, but the final determination of support will depend on a broader range of factors as outlined in relevant case law and statutory provisions.
Next Step: Talk to the Team That Focuses on Fathers
When the numbers get big, the consequences do too. Loyens Law (DAD LAW) dedicated practice for men and fathers ― is here to safeguard your rights and your relationship with your children.
Why High-Earning Fathers Choose DAD LAW
- Decades of focused experience. Our divorce lawyers in Mississauga work almost exclusively with husbands and fathers in family-law disputes.
- Tailored strategies for complex finances. From bonuses to deferred compensation, we know how to present high-income profiles clearly and persuasively.
- Negotiation first, litigation when needed. We aim for fair, timely settlements but are fully prepared to litigate to protect your interests.
- Prompt, personal service. Your calls and emails are answered quickly, and you remain involved at every turn.
Ready to move forward?
- Call: 1-833-632-3529
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