The Spousal Support Advisory Guidelines are just that. They are guidelines that were created as a tool for judges to use when making a spousal support order. Over the years however the guidelines have helped shape spousal support law and judges have tended to follow them.
In Walker v. Walker 2019 SKCA 96, the trial judge gave Ms. Walker 7 years of spousal support after a 21 year marriage. The guidelines indicated that she should be entitled to indefinite support. The Saskatchewan Court of Appeal overturned the trial judge’s decision and said that if a judge is going to depart from the guidelines there needs to be a clear explanation as to why.
This decision is important because it creates an obligation for judges to follow the guidelines rather than the guidelines being just a useful tool.
FAQ
1) When did the SSAG come into effect?
The Spousal Support Advisory Guidelines (SSAG) came into effect in Canada in 2008. The SSAG are not legally binding like legislation or regulations, but are advisory tools meant to bring consistency and predictability to spousal support decisions.
2) How do the SSAG work?
The SSAG take a number of factors into consideration including the age of the spouses, incomes, length of the relationship, and whether or not there are any children.
3) What if my income changes over time?
Spousal support can be reviewed and varied if your income changes significantly and the change is not temporary, for example, you lose your job by no fault of your own, you become disabled and can’t work, or your income increases substantially.
For more information about spousal support and to book a consultation, call Deborah Todd Law at 250-590-6226 or use our contact page.
Deborah A. Todd
