Peace Family Agreements
Spousal support guidance for Regina.
Spousal support depends on entitlement and the circumstances. Start with the official guidance for situations with or without child support; this page does not calculate an amount or duration.
Hailee Penno, limited licensee.
Licensed by the Law Society of Saskatchewan for defined family-law services.
Spousal support guidance
Start with entitlement and your actual circumstances
This page does not calculate a support amount or duration. The Spousal Support Advisory Guidelines are advisory, and entitlement must be considered first. A gross-income comparison alone cannot settle the result.
Cases with dependent children need a separate analysis of child support, parenting arrangements, taxes, benefits and net disposable income. A formula for a case without dependent children cannot be used in its place. Duration also needs the actual relationship history and, where relevant, the recipient's age at separation.
Two things to understand before considering support. Entitlement comes first. A range only matters once there is a basis for spousal support at all, and there is not always one. And the Spousal Support Advisory Guidelines are advisory. They are not legislation, they are not binding, and courts depart from them. This page provides general information and is not legal advice.
What Determines Spousal Support in Saskatchewan?
No calculator decides spousal support. Entitlement comes first, and only then do amount and duration get worked out against the facts below.
1. Entitlement Comes First
Before any number matters, there has to be a basis for support: usually a role taken on during the relationship that left one person economically worse off, or a need one partner has and the other can meet. If there is no entitlement, a calculated range is beside the point. Length of relationship then shapes both the amount and how long support runs.
2. Gross Income (Actual)
Courts look at total gross income including employment, investments, business income, and rental income, not just salary. Income must be carefully documented.
3. Age & Health Status
The recipient's age, health condition, and ability to become self-sufficient are key considerations. Disability or health challenges may justify longer support.
4. Parenting Responsibilities
Who has primary care of dependent children affects earning capacity. A spouse caring for young children may have reduced ability to earn and may receive more support.
5. Contributions to Marriage
Non-financial contributions matter: homemaking, childcare, supporting a spouse's education, or career sacrifices all factor into the analysis.
6. Dependent Children
Child support is calculated first. Spousal support is determined after, accounting for child-related expenses and parenting arrangements.
7. Career Sacrifices
If one spouse left school, delayed education, or stepped out of the workforce to support the family, this is considered when determining support duration.
8. Standard of Living
The standard of living the two of you had together is a reference point, not a guarantee. Two households cost more than one, so it is common for neither person to hold the same standard afterwards.
9. Self-Sufficiency Potential
Can the recipient realistically become self-sufficient? Factors include job market conditions, education level, work experience, and age.
10. New Relationships & Obligations
New relationships, remarriage, or new dependents can affect spousal support. Courts may vary or terminate support based on changed circumstances.
What a support review needs
Amount and duration depend on the applicable formula and your actual facts. A review may need:
Income Deductions & Add-Backs
The applicable formula determines which income information is needed. Taxes, benefits, deductions and whether reported income reflects actual earning capacity can affect the analysis.
Undue Hardship
If the payor would face undue hardship (despite high income), courts may reduce or eliminate spousal support. This requires compelling evidence and is fact-specific.
Variation of a Prior Order
If you're modifying an existing support order, different rules and timelines apply. The court may consider whether there has been a material change in circumstances.
Spousal Support & Taxes
Tax treatment of spousal support matters. Periodic support is generally deductible for the payor and taxable for the recipient. Lump sums usually are not. That difference changes what a given number is actually worth to each of you.
With-Child Formula Complexity
If dependent children are involved, the analysis becomes much more complex. Income deductions, child-support priority, and parenting time all affect the result.
Credible Evidence of Income
Courts require credible evidence of income (T1 Generals, notice of assessment, financial statements). Self-reported estimates carry little weight if they are challenged.
Frequently Asked Questions
How does the Rule of 65 work?
It uses the recipient's age at separation, not the payor's. Under the without child support formula, where the relationship lasted five years or more and the recipient's age at the date of separation plus the number of years together reaches 65, the duration can be open-ended instead of a fixed term. So a recipient who was 50 at separation after 15 years together reaches 65 and may fall within it. Open-ended does not mean permanent, and it does not mean the amount is frozen: support can still be reviewed, varied or ended as circumstances change.
What if incomes are equal?
If both spouses have equal or similar incomes, spousal support may not be payable at all, or may be lower. However, if one spouse sacrificed earnings (e.g., to raise children), courts may still order support even with equal current income.
Can spousal support be waived?
Yes, both spouses can agree to waive, reduce, or fix spousal support in a written agreement. However, courts retain discretion to vary waivers if they are found to be unconscionable or if circumstances change dramatically.
How long does spousal support last?
Under the without child support formula, duration commonly runs between half a year and one year of support for each year of the relationship. A relationship of 20 years or more, or the Rule of 65, can make duration open-ended. Open-ended means no fixed end date, not permanent: it stays open to review and variation, and it often ends. Where child support is also in play, duration is worked out differently again.
Does spousal support end if the recipient remarries?
Remarriage or a new common-law relationship is grounds for variation or termination of support. Courts will review the payor's obligation in light of the recipient's new financial circumstances. This must typically be brought before the court as a variation application.
What if the payor's income drops?
A material reduction in income may justify a variation application (reduction or termination of support). However, the payor must prove the change is genuine, not self-imposed, and that they're making reasonable efforts to earn.
Is spousal support tax-deductible?
Periodic spousal support paid under a written agreement or court order is generally deductible for the payor and taxable for the recipient, subject to CRA rules. Lump sum payments are usually treated differently. Child support, by contrast, is not tax-deductible. Consult a tax professional.
What if one spouse was the primary breadwinner?
If both spouses worked, the fact that one earned more does not automatically trigger support. However, if the lower-earning spouse sacrificed opportunities or left the workforce to support the family, spousal support may be ordered to help them re-establish themselves.
Read the spousal support guidance now
Justice Canada's guidance explains how the advisory guidelines apply. Read the section that fits your circumstances; no email request is needed.
Read guidance without dependent childrenWhere this goes next
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