New Brunswick spousal support ranges from 1.5% to 2% of the gross income difference between spouses for each year of marriage under the Spousal Support Advisory Guidelines (SSAG). For a 15-year marriage with a $50,000 income gap, monthly support ranges from $938 to $1,250. The Court of King's Bench, Family Division handles all spousal support claims in New Brunswick, with a filing fee of $100 for the divorce petition. Both the federal Divorce Act, R.S.C. 1985, c. 3, s. 15.2 and the provincial Family Law Act, S.N.B. 2020, c. 23, s. 14 govern spousal support entitlement and calculation in this province.
| Key Fact | Detail |
|---|---|
| Filing Fee | $100 (petition) + $7 (certificate of divorce). As of March 2026. Verify with your local clerk. |
| Residency Requirement | At least 1 spouse must reside in New Brunswick for 1 year before filing |
| Waiting Period | 1-year separation period required under the Divorce Act |
| Grounds for Divorce | 1-year separation (no-fault), adultery, or cruelty |
| Spousal Support Formula | SSAG: 1.5–2% of gross income difference per year of marriage (without-child formula) |
| Property Division | Marital property divided equitably under the Marital Property Act |
| Court | Court of King's Bench, Family Division |
| Governing Legislation | Divorce Act (federal) + Family Law Act, S.N.B. 2020, c. 23 (provincial) |
How the Alimony Calculator Works in New Brunswick
The alimony calculator for New Brunswick applies the Spousal Support Advisory Guidelines (SSAG), a federal framework developed by Professors Carol Rogerson and Rollie Thompson that Canadian courts across all provinces use to estimate spousal support amounts and duration. The SSAG provides two distinct formulas: the without-child-support formula and the with-child-support formula. New Brunswick courts, including the Court of King's Bench, Family Division, regularly rely on the SSAG to determine appropriate support ranges, though the guidelines remain advisory rather than mandatory law. The SSAG alimony calculator produces a low, mid, and high estimate based on each spouse's gross income, the length of the marriage or cohabitation, and whether dependent children require support.
New Brunswick recognizes spousal support obligations under both federal and provincial legislation. The Divorce Act, R.S.C. 1985, c. 3, s. 15.2 governs support claims made within divorce proceedings, while the Family Law Act, S.N.B. 2020, c. 23, s. 14(1) establishes that every spouse has an obligation to provide support for themselves and for their spouse in accordance with need. For unmarried partners, New Brunswick requires at least 3 years of continuous cohabitation or a child together before spousal support can be claimed under the provincial Act.
SSAG Without-Child-Support Formula
The without-child-support formula calculates spousal support at 1.5% to 2% of the difference between the spouses' gross incomes for each year of marriage, up to a maximum of 25 years. A 10-year marriage with a $60,000 income difference produces a monthly range of $750 to $1,000. The formula caps at 37.5% to 50% of the gross income difference after 25 or more years of marriage, which is the maximum percentage that can apply regardless of how long the relationship lasted.
To use the alimony calculator with this formula, follow these steps:
- Determine each spouse's gross annual income (before taxes and deductions)
- Calculate the difference between the two incomes (higher minus lower)
- Multiply the income difference by 1.5% for the low-end estimate
- Multiply the income difference by 2% for the high-end estimate
- Multiply each result by the number of years of marriage or cohabitation (maximum 25 years)
- Divide by 12 to obtain the monthly spousal support range
For example, if Spouse A earns $90,000 and Spouse B earns $40,000 after a 12-year marriage in New Brunswick, the calculation proceeds as follows: the income difference is $50,000. The low-end annual amount is $50,000 x 1.5% x 12 = $9,000 ($750/month). The high-end annual amount is $50,000 x 2% x 12 = $12,000 ($1,000/month). The alimony calculator for New Brunswick would therefore estimate monthly spousal support between $750 and $1,000.
SSAG With-Child-Support Formula
The with-child-support formula uses individual net disposable income (INDI) rather than gross income, producing a range of 40% to 46% of the difference in the spouses' INDI values. This formula is more complex than the without-child formula because it must account for child support obligations, tax credits, government benefits, and Section 7 special expenses before calculating the spousal support amount. A New Brunswick family with 2 children where the payor earns $100,000 and the recipient earns $30,000 may see monthly spousal support between $400 and $900, depending on the child support amount and parenting arrangements.
INDI is calculated for each spouse by taking their guidelines income and subtracting child support paid (or notional child support for the recipient), income taxes, and mandatory deductions, then adding applicable government benefits and credits. The spousal support alimony estimator then calculates the difference between the two INDI values and applies the 40% to 46% range. This formula ensures that child support takes priority over spousal support, consistent with Divorce Act, R.S.C. 1985, c. 3, s. 15.3, which establishes that child support obligations must be satisfied before spousal support is determined.
Duration of Spousal Support in New Brunswick
Spousal support duration under the SSAG ranges from 0.5 to 1 year of support for each year of marriage, with indefinite support available for marriages lasting 20 years or longer. A 14-year marriage in New Brunswick produces a duration range of 7 to 14 years. The Rule of 65 provides an additional pathway to indefinite support: if the years of marriage plus the recipient spouse's age at separation equals 65 or more, duration becomes indefinite regardless of whether the marriage lasted 20 years. A recipient who is 55 years old at the end of a 10-year marriage qualifies for indefinite support under the Rule of 65 because 55 + 10 = 65.
Indefinite support does not mean permanent support in New Brunswick. Courts retain jurisdiction to vary or terminate support orders when circumstances change materially. The Divorce Act, R.S.C. 1985, c. 3, s. 17 permits variation of spousal support orders upon application by either former spouse when there has been a change in the condition, means, needs, or other circumstances of either former spouse. Self-sufficiency remains one of the four statutory objectives under s. 15.2(6)(d), and New Brunswick courts may reduce or terminate support when the recipient achieves financial independence.
| Duration Factor | SSAG Guideline |
|---|---|
| Short marriage (under 5 years) | 0.5 to 1 year of support per year of marriage |
| Medium marriage (5–19 years) | 0.5 to 1 year per year; Rule of 65 may apply |
| Long marriage (20+ years) | Indefinite (duration not specified) |
| Rule of 65 | Years of marriage + recipient's age at separation = 65+ triggers indefinite support |
| Indefinite meaning | No fixed end date, but subject to variation and review |
| Maximum cap | Support amount capped at 37.5%–50% of income difference after 25 years |
Factors New Brunswick Courts Consider
New Brunswick courts evaluate spousal support entitlement by applying four statutory objectives from Divorce Act, R.S.C. 1985, c. 3, s. 15.2(6): recognizing economic advantages or disadvantages from the marriage, apportioning financial consequences of caring for children, relieving economic hardship from the marriage breakdown, and promoting economic self-sufficiency within a reasonable period. These four objectives carry equal weight, and no single factor automatically determines the outcome of a spousal support claim in New Brunswick.
Under the provincial Family Law Act, S.N.B. 2020, c. 23, s. 18, the court considers the following specific factors when determining the amount of support for a dependant spouse:
- Assets, means, and income of each party
- Capacity to provide support in light of other obligations
- Age and physical and mental health of each party
- Length of cohabitation between the parties
- Accustomed standard of living during the relationship
- Ability of the dependant to become self-supporting and the time required
- Any legal obligation of either party to provide support for another person
- Measures available for the dependant to become self-supporting
- Any contribution by one spouse to the education, training, or career of the other
New Brunswick courts also consider whether a domestic contract or separation agreement already addresses spousal support. Under s. 21 of the Family Law Act, the court may make an order for support despite any agreement to the contrary if the court is satisfied that the agreement does not adequately provide for the support of the applicant.
Types of Spousal Support Orders
New Brunswick courts can order three types of spousal support: periodic (monthly) payments, lump-sum payments, or a combination of both. Periodic payments are the most common form, typically set at the mid-range SSAG amount and paid monthly. Lump-sum awards are less frequent but may be appropriate when the payor has significant assets, when there is concern about non-compliance with ongoing payments, or when both parties prefer a clean financial break. Under Divorce Act, s. 15.2(1), the court may order a spouse to secure or pay, or to secure and pay, such lump sum or periodic sums as the court considers reasonable.
New Brunswick courts may also issue interim (temporary) spousal support orders while the divorce proceeding is ongoing. Interim support provides financial stability to the lower-income spouse during what can be a 6-to-18-month litigation process. The spousal support calculator and SSAG formulas apply equally to both interim and final support orders, though interim orders are generally set closer to the mid-range because the court has less evidence available at the early stages of the proceeding.
How to File for Spousal Support in New Brunswick
Filing for spousal support in New Brunswick requires submitting an application to the Court of King's Bench, Family Division, with a filing fee of $100 for the petition. At least one spouse must have resided in New Brunswick for a minimum of 1 year before filing for divorce, as required by Divorce Act, s. 3(1). The court's venue depends on the residence of the filing spouse, and in cases involving children, the application should be filed where the children reside.
The process involves these steps:
- File a Petition for Divorce (or Joint Petition) with the Court of King's Bench, Family Division ($100 filing fee)
- Complete and file a Financial Statement (Form 72J) disclosing all income, assets, debts, and expenses ($1 form fee)
- Serve the petition on the other spouse
- The responding spouse has 20 days to file an Answer ($20 filing fee) or 40 days if served outside New Brunswick
- Both parties exchange financial disclosure
- The court schedules a case conference or trial
- The court issues a Divorce Judgment that may include a spousal support order
- Obtain a Certificate of Divorce ($7 fee) after the 31-day appeal period expires
For uncontested divorces where both spouses agree on spousal support, the process typically takes 4 to 6 months in New Brunswick. Contested spousal support claims involving disputes over income, duration, or entitlement may take 12 to 24 months to resolve through trial. The total court costs for a New Brunswick divorce with spousal support range from $107 (uncontested, self-represented) to $15,000 or more (contested, with legal representation).
Modifying or Terminating Spousal Support
Spousal support orders in New Brunswick can be varied, suspended, or terminated when there is a material change in circumstances under Divorce Act, s. 17(4.1). Common grounds for variation include a significant increase or decrease in either spouse's income (generally 10% or more), the recipient's remarriage or new cohabitation, retirement of the payor, illness or disability affecting either party's earning capacity, or the recipient achieving self-sufficiency. The applicant must demonstrate that the change was not reasonably foreseeable at the time of the original order.
Under the provincial Family Law Act, S.N.B. 2020, c. 23, s. 22, the court may discharge, vary, or suspend a support order on application by the dependant or the respondent. The variation application requires a new filing fee and updated Financial Statement disclosing current income and expenses. New Brunswick courts review the SSAG ranges again at the time of variation using updated income figures, and the alimony calculator can be re-run with current data to determine whether the existing support amount falls within the appropriate range.
Spousal Support and Tax Treatment in Canada
Periodic spousal support payments are tax-deductible for the payor and taxable income for the recipient under the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), sections 56(1)(b) and 60(b). This tax treatment can reduce the net cost to the payor by 30% to 50% depending on their marginal tax rate, while increasing the recipient's tax burden. A New Brunswick payor in the 37% combined marginal tax bracket who pays $1,500 per month in spousal support effectively pays a net cost of approximately $945 after the tax deduction. The SSAG formulas account for this tax treatment by using gross income figures rather than net income in the without-child formula.
Lump-sum spousal support payments are not tax-deductible for the payor and not taxable for the recipient. This distinction has significant financial implications when negotiating the structure of a spousal support arrangement in New Brunswick. The spousal support calculator should be used in conjunction with tax planning to determine the most efficient payment structure for both parties.
Spousal Support for Common-Law Partners in New Brunswick
Common-law partners in New Brunswick can claim spousal support under the Family Law Act, S.N.B. 2020, c. 23 if they have cohabited continuously for at least 3 years in a family relationship, or if they have cohabited in a relationship of some permanence and are the natural or adoptive parents of a child together. The same SSAG formulas and alimony calculator apply to common-law relationships as to married spouses, using the length of cohabitation rather than marriage to determine the amount and duration ranges.
Common-law partners cannot file for divorce (divorce is only available to legally married couples), but they can apply for spousal support through a standalone application to the Court of King's Bench, Family Division. The 3-year cohabitation threshold is strictly enforced in New Brunswick. Partners who have lived together for 2 years and 11 months do not qualify for spousal support under provincial law, though federal claims under the Divorce Act are only available to legally married spouses regardless of cohabitation length.
Frequently Asked Questions
How is spousal support calculated in New Brunswick?
Spousal support in New Brunswick is calculated using the Spousal Support Advisory Guidelines (SSAG). The without-child formula applies 1.5% to 2% of the gross income difference between spouses for each year of marriage, up to 25 years. For a 10-year marriage with a $60,000 income gap, monthly support ranges from $750 to $1,000. Where children are involved, the with-child formula uses 40% to 46% of the individual net disposable income (INDI) difference between spouses.
What is the filing fee for spousal support in New Brunswick?
The filing fee for a Petition for Divorce in New Brunswick is $100, payable to the Registrar of the Court of King's Bench. An Answer or Counter-Petition costs $20 to file. The Certificate of Divorce costs $7. Financial Statement forms cost $1 each. As of March 2026. Verify with your local clerk. Total court costs for an uncontested divorce range from $107 to $128 depending on required documents.
How long does spousal support last in New Brunswick?
Spousal support duration under the SSAG ranges from 0.5 to 1 year for each year of marriage. A 12-year marriage produces a duration range of 6 to 12 years. Support becomes indefinite for marriages of 20 years or longer, or when the Rule of 65 applies (years of marriage plus recipient's age at separation equals 65 or more). Indefinite means no fixed end date but does not guarantee permanent support.
Can common-law partners get spousal support in New Brunswick?
Common-law partners in New Brunswick qualify for spousal support under the Family Law Act, S.N.B. 2020, c. 23 after 3 years of continuous cohabitation or if they share a biological or adopted child together. The same SSAG formulas apply to common-law relationships, using cohabitation length instead of marriage duration. Partners below the 3-year threshold cannot claim provincial spousal support.
What is the Rule of 65 for spousal support?
The Rule of 65 triggers indefinite spousal support when the years of marriage plus the recipient's age at separation equals 65 or more. A 50-year-old recipient after a 15-year marriage qualifies (50 + 15 = 65). The Rule of 65 does not apply to marriages under 5 years. Indefinite support remains subject to variation or termination if circumstances change materially under Divorce Act, s. 17.
Can spousal support be modified after the divorce in New Brunswick?
Spousal support orders in New Brunswick can be varied, suspended, or terminated under Divorce Act, s. 17(4.1) when a material change in circumstances occurs. Common triggers include income changes of 10% or more, recipient remarriage or new cohabitation, payor retirement, or recipient self-sufficiency. The applicant must show the change was not foreseeable when the original order was made.
Is spousal support taxable in New Brunswick?
Periodic spousal support payments are taxable income for the recipient and tax-deductible for the payor under the Income Tax Act, ss. 56(1)(b) and 60(b). A payor in a 37% marginal tax bracket paying $1,500/month has a net cost of approximately $945 after the deduction. Lump-sum payments receive different tax treatment: they are neither deductible for the payor nor taxable for the recipient.
What income is used for the spousal support calculator?
The SSAG alimony calculator uses gross annual income (line 15000 of the T1 tax return) as the starting point, adjusted for certain items. Self-employment income is averaged over 3 years. Investment income, rental income, trust distributions, and government benefits are included. Overtime and bonus income may be averaged if irregular. Courts in New Brunswick may impute income to a spouse who is voluntarily unemployed or underemployed under Divorce Act, s. 15.2.
Do I need a lawyer to get spousal support in New Brunswick?
New Brunswick does not require a lawyer to claim spousal support, but legal representation is strongly recommended for contested claims. Self-represented litigants can file a Petition for Divorce ($100 fee) and Financial Statement ($1 form fee) directly with the Court of King's Bench, Family Division. The SSAG spousal support calculator can provide a preliminary estimate, but the formulas involve complex income calculations that benefit from professional analysis.
What happens if my spouse refuses to pay spousal support in New Brunswick?
New Brunswick enforces spousal support orders through the Office of Support Enforcement (OSE), which can garnish wages, intercept federal payments (tax refunds, EI benefits), suspend driver's licenses, and report arrears to credit bureaus. The OSE enforces orders automatically once registered. Contempt of court proceedings are available for persistent non-payment, with potential penalties including fines and imprisonment under Family Law Act, S.N.B. 2020, c. 23.