Spousal support and child support in New Brunswick serve fundamentally different purposes and follow separate calculation methods under Canadian law. Child support is a non-negotiable obligation calculated using the Federal Child Support Guidelines based solely on the payor's income and number of children, while spousal support depends on multiple factors including marriage length, income disparity, and economic disadvantage. New Brunswick courts prioritize child support over spousal support when both are at issue, and the two payments have opposite tax treatments: spousal support is taxable income for the recipient and deductible for the payor, whereas child support is tax-neutral for both parties.
Key Facts: Alimony vs. Child Support in New Brunswick
| Factor | Child Support | Spousal Support |
|---|---|---|
| Governing Law | Federal Child Support Guidelines (SOR/97-175) | Divorce Act, R.S.C. 1985, c. 3, s. 15.2 + SSAG |
| Filing Fee | $110 total (petition + clearance certificate) | $110 total (same petition) |
| Calculation Method | Fixed tables based on income | Formula ranges (1.5-2% of income gap per year married) |
| Tax Treatment | Not taxable/not deductible | Taxable to recipient/deductible to payor |
| Priority | First priority | Secondary to child support |
| Duration | Until age 19 (or longer for students/disabilities) | 0.5-1.0 years per year married; indefinite after 20 years |
| Residency Requirement | One year in New Brunswick | One year in New Brunswick |
| Waiting Period | None for support orders | 31-day appeal period after divorce |
What Is Child Support in New Brunswick?
Child support in New Brunswick is a mandatory payment from one parent to another calculated using the Federal Child Support Guidelines, which produce fixed monthly amounts based on the paying parent's gross annual income and number of children. Under SOR/97-175, a parent earning $60,000 annually pays approximately $556 per month for one child, $898 for two children, or $1,152 for three children according to the October 2025 Federal Tables. The paying parent cannot negotiate lower amounts, and courts enforce these table amounts as minimum baseline obligations regardless of the parents' relationship or circumstances.
New Brunswick adopted the Federal Child Support Guidelines through NB Regulation 2021-19, effective March 1, 2021. The minimum income threshold triggering a child support obligation increased from $13,000 to $16,000 under the 2025 Federal Tables, meaning parents earning below $16,000 annually have no table-based obligation. Child support continues until the child reaches age 19 in New Brunswick, though courts extend support for adult children enrolled full-time in post-secondary education or children with disabilities who cannot become self-sufficient.
Section 7 Special or Extraordinary Expenses
Beyond the basic table amount, Section 7 of the Federal Child Support Guidelines requires parents to share special or extraordinary expenses in proportion to their incomes. If one parent earns $80,000 and the other earns $40,000, they split Section 7 expenses 67% and 33% respectively. These expenses must be necessary for the child's best interests and reasonable given both parents' means.
Section 7 expenses include childcare costs resulting from employment, health-related expenses exceeding $100 annually after insurance (orthodontics, therapy, prescriptions), extraordinary primary or secondary education costs, post-secondary tuition and residence, and extracurricular activities meeting the "extraordinary" threshold. An Ontario court approved over $35,000 in Section 7 expenses for a child with autism requiring physiotherapy, occupational therapy, counselling, and specialized schooling, demonstrating how these costs can substantially exceed base table amounts.
Shared Parenting Time Adjustments
When each parent has the child at least 40% of the time (shared parenting arrangement), courts apply a different calculation method under Section 9 of the Federal Child Support Guidelines. Rather than using the table amount directly, courts consider both parents' table amounts, the increased costs of shared parenting, and each household's actual needs. This often results in the higher-earning parent paying the difference between what each would owe under the tables, though courts retain discretion to adjust based on the child's circumstances.
What Is Spousal Support in New Brunswick?
Spousal support in New Brunswick is a discretionary payment ordered under Section 15.2 of the Divorce Act when one spouse experiences economic disadvantage from the marriage or its breakdown. Unlike the fixed child support tables, spousal support uses the Spousal Support Advisory Guidelines (SSAG) to produce a range of appropriate amounts, with courts selecting a figure within that range based on the specific circumstances. The SSAG without-child formula calculates 1.5% to 2.0% of the gross income difference between spouses, multiplied by years of marriage, capping at 37.5% to 50% of the income gap after 25 years.
The Divorce Act, R.S.C. 1985, c. 3, Section 15.2(6) establishes four statutory objectives for spousal support orders: recognizing economic advantages or disadvantages arising from the marriage, apportioning financial consequences of caring for children beyond basic child support, relieving economic hardship from the breakdown, and promoting each spouse's economic self-sufficiency within a reasonable period. Courts must balance all four objectives rather than prioritizing self-sufficiency alone, as confirmed in Morneau v. Morneau.
SSAG Without-Child Formula
For couples without dependent children, the SSAG without-child formula produces a range of 1.5% to 2.0% of the difference in the spouses' gross incomes multiplied by the number of years of cohabitation. In a 15-year marriage where one spouse earns $120,000 and the other earns $40,000 (an $80,000 difference), the formula yields monthly support of $1,500 to $2,000 (1.5-2.0% × $80,000 × 15 years, divided by 12). Duration runs 0.5 to 1.0 years for each year of marriage, meaning this 15-year marriage would produce support lasting 7.5 to 15 years.
SSAG With-Child Formula
When dependent children exist, the SSAG with-child formula targets 40% to 46% of combined Individual Net Disposable Income (INDI) for the recipient spouse after accounting for the payor's child support obligation. This formula recognizes that child support reduces the payor's available income and that the recipient parent often sacrifices career advancement to provide primary care. The with-child formula typically produces higher spousal support amounts than the without-child formula because it accounts for ongoing child-related career limitations.
The Rule of 65 for Indefinite Support
The Rule of 65 grants indefinite spousal support duration when the sum of the years of marriage plus the recipient's age at separation equals or exceeds 65, even for marriages under 20 years. A 12-year marriage ending when the recipient spouse is 55 qualifies for indefinite duration because 12 + 55 = 67. The rule requires at least 5 years of marriage to apply and uses the recipient's age at the separation date, not at trial. After 20 years of marriage, support duration becomes indefinite regardless of age.
Key Differences Between Alimony vs. Child Support in New Brunswick
The fundamental difference between alimony and child support in New Brunswick lies in their legal basis: child support is a right belonging to the child that parents cannot waive by agreement, while spousal support is a right belonging to the spouse that can be negotiated, limited, or waived in a separation agreement or prenuptial contract. Courts will set aside inadequate child support arrangements even when both parents agreed to them, but generally respect spousal support waivers made with independent legal advice and full financial disclosure.
Tax Treatment: Deductible vs. Tax-Neutral
Periodic spousal support payments are fully tax-deductible for the payor (claimed on Line 22000 of the T1 return) and taxable income for the recipient (reported on Line 12800), creating a significant financial planning consideration. A $2,000 monthly spousal support payment costs the payor less than $2,000 net because of the tax deduction, while the recipient receives less than $2,000 net after paying income tax on the amount. Child support payments made after May 1, 1997 have no tax consequences for either party: not deductible by the payor and not taxable to the recipient.
For spousal support to qualify for deductible/taxable treatment, the CRA requires a written separation agreement or court order specifying periodic payments. Lump-sum spousal support settlements are not tax-deductible, which can affect how parties structure overall support packages. If an agreement specifies one combined amount for both spousal and child support without separating them, the CRA treats the entire amount as child support (non-deductible).
Priority: Child Support Comes First
Section 15.3(1) of the Divorce Act mandates that courts give priority to child support when determining applications for both types of support simultaneously. If the payor's income cannot fully satisfy both child support table amounts and the SSAG spousal support range, child support receives full payment first and spousal support is reduced or eliminated. This priority reflects Canadian family law's principle that children's needs take precedence over spousal claims, though courts may increase spousal support once child support obligations end.
Duration: Fixed End vs. Variable Term
Child support in New Brunswick has a relatively predictable endpoint: the child reaching age 19, or completion of post-secondary education in the case of full-time students. Spousal support duration depends entirely on marriage length and the recipient's circumstances. A 5-year marriage produces SSAG-recommended duration of 2.5 to 5 years, while a 20-year marriage yields indefinite support with no predetermined end date. Either spouse can apply to vary spousal support based on material changes in circumstances, making its duration inherently less certain than child support.
Calculation: Tables vs. Formulas
Child support calculation is nearly mechanical: identify the payor's gross annual income, count the children, and look up the monthly amount in the Federal Child Support Tables. A New Brunswick parent earning $75,000 with two children owes approximately $1,107 per month regardless of any other factor. Spousal support calculation requires analyzing marriage length, income disparity, childcare responsibilities, career sacrifices, employment prospects, age, health, and the four statutory objectives under Section 15.2(6). Two couples with identical incomes and marriage lengths may receive different spousal support orders based on their individual circumstances.
Common-Law Partners and Support Rights in New Brunswick
New Brunswick's Family Law Act (SNB 2020, c. 23) extends spousal support rights to common-law partners meeting specific thresholds, though these couples must apply to provincial court rather than seeking divorce (which requires legal marriage). Common-law partners qualify for spousal support if they cohabited continuously for at least 3 years with one partner substantially dependent on the other for support, or if they share a biological or adopted child together regardless of cohabitation duration. Once eligible, common-law partners receive the same SSAG analysis for amount and duration as married spouses.
Common-law partners must apply for spousal support within one year of separation, a strict deadline that does not apply to married couples divorcing under the federal Divorce Act. Unlike married spouses, common-law partners have no automatic property division rights under New Brunswick's Marital Property Act, though they may have claims based on unjust enrichment or constructive trust doctrines. Cohabitation agreements can address both spousal support and property division between common-law partners before any dispute arises.
Filing for Support in New Brunswick
The Court of King's Bench, Family Division handles all divorce and support proceedings in New Brunswick. Filing for divorce costs $110 total: $100 for the petition and $10 for the Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa under Rules of Court, Rule 72.24. At least one spouse must have been habitually resident in New Brunswick for one year immediately before filing. After the divorce judgment becomes effective, obtaining a Certificate of Divorce (Form 72O) costs an additional $7.
New Brunswick residents receiving social assistance under the Family Income Security Act or represented by domestic Legal Aid are exempt from filing fees. 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. Uncontested divorces typically finalize within 4 to 8 weeks after filing, while contested matters involving spousal or child support disputes may take 12 to 18 months or longer depending on court scheduling and the complexity of financial issues.
Child Support Recalculation Service
New Brunswick operates a Child Support Recalculation Service that automatically adjusts child support amounts annually based on updated income information, without requiring parties to return to court. This administrative process uses the Federal Child Support Tables to recalculate the payor's monthly obligation whenever income changes by more than the prescribed threshold. The service reduces litigation costs and ensures child support keeps pace with inflation and income growth.
Modifying Alimony vs. Child Support in New Brunswick
Both spousal support and child support orders can be varied when a material change in circumstances occurs, but the threshold differs slightly. For child support, income changes automatically justify recalculation under the Federal Tables. For spousal support, courts examine whether the change was foreseeable at the time of the original order, whether it affects the basis on which support was ordered, and whether the change is significant enough to warrant variation. Job loss, retirement, remarriage of the recipient, or significant income increases or decreases commonly trigger variation applications.
The test for varying spousal support orders under Section 17 of the Divorce Act requires demonstrating a change that, had it been known at the time of the original order, would likely have resulted in a different order. Courts are reluctant to vary final spousal support orders based on circumstances that existed but were not disclosed during the original proceedings. Child support modifications face fewer barriers because children's needs take priority over finality concerns, and the Federal Tables provide objective benchmarks making recalculation relatively straightforward.
Enforcement When Support Goes Unpaid
New Brunswick's Family Support Orders Service (FSOS) enforces both child support and spousal support orders through mechanisms including wage garnishment, federal fund interception (income tax refunds, EI benefits, GST credits), driver's license suspension, passport denial, and reporting to credit bureaus. The enforcement mechanisms apply equally to both types of support, though courts may prioritize child support arrears when the payor has limited ability to pay. Interest accrues on unpaid support at the rate prescribed by regulation.
Payors who deliberately avoid support obligations face contempt of court proceedings that can result in fines or imprisonment. However, courts recognize that incarceration rarely improves payment prospects and typically reserve this remedy for willful non-compliance rather than genuine inability to pay. The MEP (Maintenance Enforcement Program) can suspend professional licenses and register liens against real property to secure support arrears.
Frequently Asked Questions
Which payment is typically higher in New Brunswick: spousal support or child support?
Child support table amounts often exceed spousal support for families with children because the SSAG with-child formula specifically accounts for child support already being paid before calculating spousal support. A parent earning $80,000 with two children pays approximately $1,239 monthly in child support, while spousal support after a 10-year marriage might add $800 to $1,200 monthly depending on the income disparity. Combined support obligations can reach 50% or more of the payor's gross income in some cases.
Can I receive both spousal support and child support in New Brunswick?
Yes, recipients can receive both spousal support and child support simultaneously in New Brunswick when both entitlements are established. Child support is calculated first using the Federal Tables, then spousal support is determined using the SSAG with-child formula, which targets 40-46% of combined Individual Net Disposable Income for the recipient after accounting for child support. However, Section 15.3(1) of the Divorce Act gives priority to child support if the payor's income cannot satisfy both obligations fully.
How long does child support last compared to spousal support in New Brunswick?
Child support in New Brunswick generally ends when the child turns 19, though courts extend support for adult children pursuing full-time post-secondary education or living with disabilities preventing self-sufficiency. Spousal support duration follows the SSAG formula of 0.5 to 1.0 years per year of marriage, with indefinite duration after 20-year marriages or under the Rule of 65 (years married plus recipient's age at separation equals 65 or more). A 10-year marriage typically produces spousal support lasting 5 to 10 years.
Is spousal support mandatory in New Brunswick divorces?
No, spousal support is discretionary rather than mandatory in New Brunswick. Courts order spousal support only when one spouse demonstrates entitlement based on economic disadvantage from the marriage, inability to become self-sufficient, or need arising from the breakdown. Approximately 40-50% of divorces involving income disparity result in spousal support orders. Parties can waive spousal support in separation agreements, though courts may set aside waivers made without independent legal advice or full financial disclosure.
Do common-law partners have the same support rights as married couples in New Brunswick?
Common-law partners in New Brunswick have spousal support rights under the Family Law Act (SNB 2020, c. 23) if they cohabited continuously for at least 3 years with substantial dependency, or share a child regardless of cohabitation duration. They receive the same SSAG analysis for amount and duration as married spouses. However, common-law partners must apply within one year of separation and have no automatic property division rights under the Marital Property Act, unlike married spouses.
What happens to spousal support when child support ends?
When child support obligations terminate (child reaches 19 or completes post-secondary education), either party can apply to vary the spousal support order based on this material change in circumstances. Courts often increase spousal support when child support ends because the payor's ability to pay has increased. The SSAG without-child formula may apply prospectively, potentially yielding higher spousal support amounts than the with-child formula produced during the child-rearing years.
Can spousal support be paid as a lump sum instead of monthly payments?
Yes, courts can order lump-sum spousal support under Section 15.2(1) of the Divorce Act, though periodic payments are more common. Lump-sum awards are appropriate when the payor has assets but limited income, when the relationship between parties makes ongoing payments impractical, or when both parties prefer a clean break. However, lump-sum spousal support is not tax-deductible for the payor or taxable to the recipient, potentially increasing the effective cost compared to periodic payments receiving favorable tax treatment.
How does remarriage affect spousal support vs. child support in New Brunswick?
Remarriage affects spousal support and child support differently. The recipient's remarriage or new cohabitation may justify reducing or terminating spousal support if the new partner provides financial support, though this is not automatic. The payor's remarriage does not reduce support obligations, as the obligation to a former spouse takes priority over supporting a new family. Child support remains unaffected by either parent's remarriage because it is the child's right, not a benefit flowing between former spouses. New stepchildren do not reduce the payor's obligation to biological children.
What information do I need to calculate child support vs. spousal support?
Child support calculation requires only the paying parent's gross annual income and number of children to look up the Federal Table amount. Spousal support calculation requires both spouses' gross annual incomes, length of cohabitation/marriage, ages of both spouses at separation, existence and ages of dependent children, each spouse's employment history and prospects, contributions to the other's career, health issues affecting earning capacity, and existing child support obligations. Financial disclosure obligations extend to three years of tax returns, current pay stubs, and statements of assets and debts.
Can child support and spousal support be combined into one payment?
While parties can agree to pay a single combined amount, the CRA treats unallocated support payments as 100% child support for tax purposes, eliminating any deduction for the payor. To preserve the spousal support tax deduction, separation agreements and court orders must specify separate amounts for child support and spousal support. Courts typically issue orders with clearly designated amounts for each type of support, and payors should make separate payments or clearly allocate portions of combined payments in their records.
Written by Antonio G. Jimenez, Esq. (Florida Bar No. 21022), covering New Brunswick divorce law for Divorce.law.
Filing fees verified as of May 2026. Verify current amounts with the Court of King's Bench, Family Division.