How Much Alimony Will I Get (or Pay) in New Brunswick? 2026 Spousal Support Guide
By Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering New Brunswick divorce law
Spousal support in New Brunswick ranges from $1,500 to $2,000 per month for a 20-year marriage with a $60,000 income gap between spouses, using the Spousal Support Advisory Guidelines (SSAG) formula that calculates 1.5% to 2% of the gross income difference per year of marriage. The total divorce filing fee is $110 in the Court of King's Bench, Family Division, and at least one spouse must have been ordinarily resident in New Brunswick for one year immediately preceding the application under Divorce Act, R.S.C. 1985, c. 3, s. 3(1). Unlike child support, there is no automatic entitlement to spousal support — courts must first establish that entitlement exists based on need, compensation, or contractual grounds before calculating the amount.
Key Facts: New Brunswick Spousal Support at a Glance
| Factor | New Brunswick Requirement |
|---|---|
| Filing Fee | $110 total ($100 petition + $10 Clearance Certificate) — as of March 2026 |
| Residency Requirement | 1 year ordinary residence in New Brunswick |
| Governing Legislation | Divorce Act (R.S.C. 1985, c. 3) for married couples; Family Law Act (SNB 2020, c. 23) for common-law partners |
| SSAG Formula (No Children) | 1.5% to 2.0% of gross income difference per year of marriage |
| SSAG Formula (With Children) | 40% to 46% of Individual Net Disposable Income (INDI) difference |
| Duration Formula | 0.5 to 1.0 years of support per year of marriage |
| Indefinite Support Trigger | 20+ years of marriage OR Rule of 65 applies |
| Common-Law Eligibility | 3 years continuous cohabitation OR child together |
| Tax Treatment | Deductible for payor; taxable for recipient |
| Variation Threshold | Material change in circumstances required |
Understanding How Much Alimony You Will Get or Pay in New Brunswick
New Brunswick courts calculate spousal support amounts using the Spousal Support Advisory Guidelines (SSAG), which produce a range of $900 to $1,200 monthly for a 10-year marriage with a $60,000 income difference, scaling to $1,800 to $2,400 monthly for a 20-year marriage with the same income gap. The SSAG is not legislation but rather an advisory framework that New Brunswick judges routinely use as their starting point, with over 2,900 Canadian trial decisions citing the guidelines nationally since their 2008 introduction. Understanding how much alimony New Brunswick courts typically award requires examining both the without-child and with-child formulas, as the calculation method differs significantly based on whether dependent children exist in the relationship.
The fundamental principle underlying spousal support calculations in New Brunswick stems from Divorce Act, R.S.C. 1985, c. 3, s. 15.2(6), which establishes four objectives: recognizing economic advantages or disadvantages from the marriage, apportioning financial consequences of parenting responsibilities, relieving economic hardship from the marriage breakdown, and promoting economic self-sufficiency within a reasonable period. Courts must balance all four objectives — the Supreme Court of Canada in the landmark Moge decision (1992) explicitly rejected prioritizing self-sufficiency over the other three objectives, establishing that judges retain discretion to respond to the diverse circumstances each marriage presents.
The Without-Child SSAG Formula Explained
New Brunswick courts apply the without-child SSAG formula for couples without dependent children, calculating support as 1.5% to 2.0% of the gross income difference between spouses multiplied by the number of years of marriage, producing monthly payments that can range from several hundred to several thousand dollars depending on the income gap and marriage duration. For a concrete example: if a payor earns $100,000 annually and the recipient earns $40,000, the $60,000 gross income difference multiplied by 20 years of marriage produces an annual range of $18,000 to $24,000 (representing 30% to 40% of the difference), which translates to monthly support between $1,500 and $2,000.
The formula caps spousal support at 37.5% to 50% of the gross income difference after 25 years of marriage, preventing calculations from producing amounts that would leave the payor with less disposable income than the recipient. The maximum amount under the formula occurs at the 25-year mark — marriages exceeding this duration do not generate higher amounts, though duration typically becomes indefinite. Professor Rollie Thompson, co-author of the SSAG, has emphasized that these are not mechanical calculations but rather advisory ranges that establish a framework for negotiation and judicial discretion.
Without-Child Formula Quick Reference
| Years of Marriage | Support Amount (% of Income Difference) | Example at $60,000 Gap |
|---|---|---|
| 5 years | 7.5% to 10% ($4,500-$6,000/year) | $375-$500/month |
| 10 years | 15% to 20% ($9,000-$12,000/year) | $750-$1,000/month |
| 15 years | 22.5% to 30% ($13,500-$18,000/year) | $1,125-$1,500/month |
| 20 years | 30% to 40% ($18,000-$24,000/year) | $1,500-$2,000/month |
| 25+ years | 37.5% to 50% (capped) ($22,500-$30,000/year) | $1,875-$2,500/month |
The With-Child SSAG Formula: A More Complex Calculation
New Brunswick courts use the with-child SSAG formula when child support obligations exist, targeting 40% to 46% of the difference in Individual Net Disposable Income (INDI) between spouses rather than gross income, which accounts for the tax implications of child support and produces different results than the without-child formula. INDI represents what remains after deducting income taxes, tax deductions, tax credits, child support paid (for the payor), and notional child support (what the recipient would have paid if they were the one paying), plus government benefits and credits for the recipient. This formula cannot be calculated manually — Professor Thompson has stated that "this is not a calculation you can do on the back of an envelope, you will need a computer program" such as ChildView version 2026.1.1.
The with-child formula produces initially indefinite duration that becomes more defined through subsequent review and variation processes. Courts using this formula examine both the length of marriage and the ages of the children to determine the ultimate duration, recognizing that the recipient's earning capacity is often most significantly impacted during the child-rearing years. Section 7 expenses (special or extraordinary expenses for children under the Federal Child Support Guidelines) must also be deducted from the calculations — failing to account for these is the most common calculation error made in with-child formula applications.
The Rule of 65: When Spousal Support Becomes Indefinite
New Brunswick courts grant indefinite spousal support when the recipient's age at separation plus the years of marriage equals 65 or more, even for marriages lasting fewer than 20 years — this is known as the Rule of 65 and represents one of the most significant provisions affecting long-term support obligations. For example, a 12-year marriage ending when the recipient is 55 years old qualifies for indefinite support (12 + 55 = 67, exceeding the 65 threshold), whereas the same 12-year marriage ending when the recipient is 50 would not qualify (12 + 50 = 62). The rule requires a minimum of 5 years of marriage to apply and uses the recipient's age at the separation date — not the trial date or settlement date.
Indefinite support does not mean permanent or unchangeable support. The term "indefinite" in the SSAG context means that no specific end date is set at the time of the order, but the support remains subject to variation upon a material change in circumstances under Divorce Act, R.S.C. 1985, c. 3, s. 17(4.1). Courts recognize that circumstances such as the recipient's repartnering, the payor's retirement, or significant changes in either party's income may warrant modification or termination of even "indefinite" support obligations.
Duration of Spousal Support in New Brunswick
Spousal support duration in New Brunswick follows the SSAG formula of 0.5 to 1.0 years of support for each year of marriage, meaning a 10-year marriage typically generates support lasting 5 to 10 years, while a 15-year marriage produces duration of 7.5 to 15 years. The formula becomes indefinite after 20 years of marriage or when the Rule of 65 applies, whichever comes first. Duration and amount work together — courts may order higher amounts for shorter periods or lower amounts for longer periods depending on the circumstances and the parties' ability to become economically self-sufficient.
Duration Quick Reference
| Marriage Length | Support Duration Range | Indefinite Trigger |
|---|---|---|
| 5 years | 2.5 to 5 years | No (unless Rule of 65) |
| 10 years | 5 to 10 years | No (unless Rule of 65) |
| 15 years | 7.5 to 15 years | Possible under Rule of 65 |
| 20 years | Indefinite | Yes — automatic |
| 25+ years | Indefinite | Yes — automatic |
Factors Courts Consider Beyond the SSAG Formula
New Brunswick courts retain discretion to deviate from SSAG ranges based on the specific circumstances of each case, considering factors including the length of cohabitation, the roles each spouse assumed during the marriage, the financial means and needs of each party, the age and health of both spouses, and the impact of parenting responsibilities on earning capacity. Divorce Act, R.S.C. 1985, c. 3, s. 15.2(4) directs courts to consider "the condition, means, needs and other circumstances of each spouse" without creating a rigid hierarchy of factors. Importantly, section 15.2(5) explicitly prohibits courts from considering spousal misconduct in determining support — infidelity or other marital wrongdoing cannot increase or decrease support amounts.
The four statutory objectives under section 15.2(6) guide judicial discretion in New Brunswick spousal support cases:
- Compensatory objective: Recognizing economic advantages or disadvantages arising from the marriage or its breakdown
- Parenting objective: Apportioning financial consequences of child-rearing beyond basic child support obligations
- Needs-based objective: Relieving economic hardship arising from the relationship breakdown
- Self-sufficiency objective: Promoting each spouse's economic independence within a reasonable period
Spousal Support for Common-Law Partners in New Brunswick
New Brunswick's Family Law Act (SNB 2020, c. 23) extends spousal support rights to common-law partners who have cohabited continuously for at least 3 years with one partner substantially dependent on the other for support, or who share a child together regardless of cohabitation duration. Once eligibility is established, common-law partners receive the same SSAG analysis for amount and duration as married spouses — the 3-year threshold only determines whether the support obligation exists, not how much support is owed. Common-law partners seeking support must apply under provincial legislation rather than the federal Divorce Act, though the analytical framework and SSAG calculations remain identical.
A critical distinction exists between support rights and property rights for common-law partners in New Brunswick. While common-law partners may qualify for spousal support after 3 years of cohabitation, they do not automatically gain rights to divide property equally under New Brunswick's Marital Property Act (RSNB 2012, c. 107) — that legislation applies only to legally married couples. Common-law partners seeking property division must establish their claims through constructive trust, unjust enrichment, or resulting trust arguments under common law principles.
Tax Implications of Spousal Support Payments
Periodic spousal support payments in New Brunswick are fully tax-deductible for the payor (claimed on line 22000 of the federal return) and taxable income for the recipient (reported on line 12800), creating a tax efficiency that often benefits both parties when structured correctly. This deductible/taxable treatment requires a court order or written separation agreement specifying periodic payments — informal arrangements or lump-sum settlements do not qualify for tax-advantaged treatment. Lump-sum spousal support payments are neither tax-deductible for the payor nor taxable for the recipient, which significantly impacts the net value of different support structures.
The tax treatment difference means that a $2,000 monthly periodic payment costs the payor substantially less than $2,000 in after-tax dollars (depending on their marginal tax rate), while the recipient receives more than $2,000 in pre-tax value but must account for the eventual tax liability. Financial planners and family law lawyers often calculate the "grossed-up" value of spousal support to compare lump-sum and periodic payment options accurately. For a payor in a 45% marginal tax bracket, a $2,000 monthly periodic payment effectively costs approximately $1,100 after the tax deduction.
How to Vary or Terminate Spousal Support in New Brunswick
Spousal support orders in New Brunswick can be varied under Divorce Act, R.S.C. 1985, c. 3, s. 17(4.1) when a material change in circumstances occurs — defined by New Brunswick courts as a change that is substantial, unforeseen at the time of the original order, and continuing in nature. The applicant bears the burden of proving this material change, and the change cannot have been contemplated or already accounted for in the initial order. Common qualifying changes include significant income increases or decreases, job loss, retirement, the recipient's repartnering, or the completion of retraining or education that was contemplated in the original order.
Importantly, self-induced changes generally do not qualify for variation. A payor cannot voluntarily quit a high-paying job and claim reduced income justifies lower support, nor can a recipient spend extravagantly and claim increased needs warrant higher support. Courts apply the principle that parties cannot "spend their way into" or "quit their way out of" support obligations. For recipients who have not achieved economic self-sufficiency, courts examine whether reasonable efforts were made toward that goal before considering termination of support.
Filing for Spousal Support in New Brunswick: Costs and Process
The total filing fee for divorce proceedings including spousal support claims in New Brunswick is $110, comprising $100 for the petition filed with the Court of King's Bench, Family Division, and $10 for the Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa — fees verified as of March 2026. Cheques or money orders must be made payable to the Minister of Finance for the Province of New Brunswick. After the divorce judgment becomes effective, an additional $7 fee applies for the Certificate of Divorce (Form 72O) under Rules of Court, Rule 72.24.
New Brunswick residents receiving social assistance under the Family Income Security Act or those represented by domestic Legal Aid are exempt from paying filing fees under Rules of Court, Rule 72.24(2). The Registrar also has discretion to waive fees when a solicitor certifies that legal services are provided without charge and payment would impose financial hardship. Divorce proceedings in New Brunswick are filed in the Family Division of the Court of King's Bench, which operates across all eight judicial districts in the province.
Calculating Your Estimated Spousal Support Amount
To estimate how much alimony New Brunswick courts might order in your case, follow this simplified without-child formula calculation: first, determine the gross annual income of each spouse; second, calculate the difference between those incomes; third, multiply the difference by 1.5% for the low end and 2.0% for the high end of the range; fourth, multiply those percentages by the number of years of marriage; fifth, divide the annual amount by 12 for monthly support ranges. For example, a payor earning $120,000 and recipient earning $50,000 with a 15-year marriage: $70,000 difference × 1.5% = $1,050 per year of marriage × 15 years = $15,750/year low ($1,313/month); $70,000 × 2.0% = $1,400 × 15 = $21,000/year high ($1,750/month).
This calculation provides only an estimate — the with-child formula requires specialized software, and courts may deviate from SSAG ranges based on individual circumstances. Factors that may push support toward the higher end of the range include significant career sacrifices by the recipient, long-term marriages, health issues affecting employability, or substantial contributions to the payor's career development. Factors pushing toward the lower end include short marriages, minimal economic disadvantage, or the recipient's strong earning capacity and employment history.
Entitlement: You Must Prove You Deserve Support First
Unlike child support, which follows presumptive obligation under the Federal Child Support Guidelines, spousal support in New Brunswick requires establishing entitlement before any amount is calculated — the SSAG only addresses quantum and duration, not whether support should be ordered at all. Entitlement arises from three recognized bases: compensatory (recognizing sacrifices or contributions during the marriage), non-compensatory or needs-based (addressing disparity in means and economic hardship), or contractual (enforcing prior agreements about support). Courts examine the marriage history, each spouse's circumstances, and the four statutory objectives before determining whether the threshold for entitlement is met.
A spouse who can work and earn income is expected to do so — New Brunswick courts do not award support simply because one spouse earns more than the other. The recipient must demonstrate that the marriage created or contributed to their current economic disadvantage, that they face genuine need arising from the marriage breakdown, or that an enforceable agreement entitles them to support. Once entitlement is established, the SSAG formulas guide the calculation of appropriate amounts and durations, but that first threshold question of entitlement must be resolved affirmatively.
Frequently Asked Questions About Spousal Support in New Brunswick
How is spousal support calculated in New Brunswick?
New Brunswick courts calculate spousal support using the Spousal Support Advisory Guidelines (SSAG), which apply 1.5% to 2.0% of the gross income difference per year of marriage for couples without dependent children. A 15-year marriage with a $60,000 income gap produces monthly support of $1,125 to $1,500 under this formula, though courts retain discretion to deviate based on individual circumstances.
Do I automatically qualify for spousal support in New Brunswick?
No, spousal support is not automatic in New Brunswick — you must establish entitlement based on compensatory, needs-based, or contractual grounds before any amount is calculated. The Divorce Act, R.S.C. 1985, c. 3, s. 15.2 requires courts to examine the marriage circumstances and each spouse's situation before ordering support.
How long does spousal support last in New Brunswick?
Spousal support duration in New Brunswick follows the SSAG formula of 0.5 to 1.0 years of support per year of marriage, becoming indefinite after 20 years of marriage or when the Rule of 65 applies. A 10-year marriage typically generates support lasting 5 to 10 years, subject to variation for material changes in circumstances.
Can common-law partners get spousal support in New Brunswick?
Yes, common-law partners in New Brunswick qualify for spousal support under the Family Law Act (SNB 2020, c. 23) if they have cohabited continuously for at least 3 years with one partner substantially dependent on the other, or if they share a child together regardless of cohabitation duration. Once eligible, they receive the same SSAG analysis as married spouses.
What is the Rule of 65 for spousal support?
The Rule of 65 grants indefinite spousal support when the recipient's age at separation plus the years of marriage equals or exceeds 65, even for marriages under 20 years. For example, a 12-year marriage ending when the recipient is 55 qualifies (12 + 55 = 67), though a minimum of 5 years of marriage is required.
How much does it cost to file for spousal support in New Brunswick?
The total filing fee for divorce proceedings including spousal support claims in New Brunswick is $110, comprising $100 for the petition and $10 for the Clearance Certificate from Ottawa — as of March 2026, verified with the Court of King's Bench, Family Division. Fee waivers are available for social assistance recipients and Legal Aid clients.
Can spousal support be changed after it is ordered?
Yes, spousal support orders can be varied under Divorce Act, s. 17(4.1) when a material change in circumstances occurs — meaning a change that is substantial, unforeseen, and continuing. Common qualifying changes include job loss, retirement, significant income changes, or the recipient's repartnering.
Is spousal support taxable in New Brunswick?
Periodic spousal support is fully tax-deductible for the payor (line 22000) and taxable income for the recipient (line 12800) under Canada's Income Tax Act. This treatment requires a court order or written agreement — lump-sum payments are neither deductible nor taxable.
Does infidelity affect spousal support in New Brunswick?
Divorce Act, s. 15.2(5) explicitly prohibits courts from considering spousal misconduct when determining support — infidelity, abandonment, or other marital wrongdoing cannot legally increase or decrease spousal support amounts in New Brunswick. Support is calculated based on financial circumstances, not fault.
What factors do New Brunswick courts consider for spousal support?
New Brunswick courts consider the length of marriage, roles assumed during the relationship, financial means and needs of each spouse, age and health of both parties, impact of parenting on earning capacity, and existing agreements. The four statutory objectives under s. 15.2(6) guide all decisions: compensation, parenting consequences, needs, and self-sufficiency.
This guide provides general information about spousal support laws in New Brunswick as of 2026. For advice specific to your situation, consult with a qualified New Brunswick family law lawyer. Filing fees and procedural requirements are subject to change — verify current amounts with your local Court of King's Bench, Family Division.
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