Spousal support duration in New Brunswick ranges from 0.5 to 1.0 years for each year of marriage under the Spousal Support Advisory Guidelines (SSAG), with support becoming indefinite after marriages lasting 20 years or longer, or when the Rule of 65 applies. For a 10-year marriage, alimony typically lasts between 5 and 10 years. The Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 15.2 governs spousal support in New Brunswick, establishing four objectives courts must balance when determining how long alimony lasts.
Key Facts: New Brunswick Spousal Support
| Factor | Details |
|---|---|
| Filing Fee | $110 total ($100 petition + $10 clearance certificate) |
| Residency Requirement | 1 year ordinary residence before filing |
| Duration Formula | 0.5-1.0 years of support per year of marriage |
| Indefinite Threshold | 20+ years of marriage OR Rule of 65 |
| Rule of 65 | Years married + recipient's age at separation = 65+ |
| Court | Court of King's Bench, Family Division |
| Governing Law | Divorce Act (federal) + SSAG (advisory) |
How the SSAG Duration Formula Works in New Brunswick
New Brunswick courts calculate spousal support duration using the Spousal Support Advisory Guidelines (SSAG), which provide a range of 0.5 to 1.0 years of support for each year of marriage under the without-child formula. A 12-year marriage generates support lasting between 6 and 12 years, while a 15-year marriage produces a range of 7.5 to 15 years. The SSAG became the primary framework after the Department of Justice Canada published them in 2008, and over 2,900 trial decisions now cite these guidelines.
The without-child formula applies to marriages where there are no dependent children at separation, or where children have reached independence. Under this formula, support amount equals 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 difference after 25 years of marriage. Duration and amount work together under the SSAG framework.
Duration Ranges by Marriage Length
| Years Married | Minimum Duration | Maximum Duration | Notes |
|---|---|---|---|
| 5 years | 2.5 years | 5 years | Standard range |
| 10 years | 5 years | 10 years | Standard range |
| 15 years | 7.5 years | 15 years | Standard range |
| 20 years | Indefinite | Indefinite | Automatic indefinite |
| 25+ years | Indefinite | Indefinite | Long marriage presumption |
The Rule of 65: When Alimony Becomes Indefinite
New Brunswick courts apply the Rule of 65 to determine when spousal support becomes indefinite for marriages under 20 years in length. The Rule of 65 triggers indefinite support when the recipient's age at separation plus the years of marriage equals or exceeds 65, even if the marriage lasted fewer than 20 years. A recipient aged 55 at separation after a 12-year marriage qualifies for indefinite support because 55 plus 12 equals 67, exceeding the threshold.
The Rule of 65 requires at least 5 years of marriage to apply, using the recipient's age at the actual separation date rather than at trial or judgment. This rule recognizes that older recipients face greater challenges achieving economic self-sufficiency after lengthy marriages. Indefinite support under the Rule of 65 does not mean permanent support, as courts retain authority to vary or terminate orders upon material change in circumstances under Divorce Act, s. 17(4.1).
Rule of 65 Examples
| Years Married | Age at Separation | Total | Indefinite? |
|---|---|---|---|
| 8 years | 52 | 60 | No |
| 10 years | 55 | 65 | Yes |
| 12 years | 55 | 67 | Yes |
| 15 years | 48 | 63 | No |
| 5 years | 60 | 65 | Yes |
| 4 years | 62 | 66 | No (minimum 5 years required) |
With-Child Formula Duration in New Brunswick
When dependent children exist at separation, New Brunswick courts apply the SSAG with-child formula, which calculates duration differently than the without-child formula. The with-child formula bases duration on the age of the youngest child, typically extending support until the youngest child completes high school or reaches independence, then potentially transitioning to the without-child formula for ongoing compensatory support. Duration under this formula uses Individual Net Disposable Income (INDI), targeting 40% to 46% of combined INDI for the lower-income spouse after child support obligations.
The with-child formula duration often extends longer than the without-child formula because it accounts for the career sacrifices made by the primary parent during child-rearing years. Support may continue until the youngest child finishes high school, then the court reassesses whether compensatory support should continue under the without-child framework. For a marriage ending when the youngest child is 6 years old, support would extend at least 12 years until that child reaches 18, then potentially longer depending on compensatory factors.
Four Statutory Objectives Courts Must Balance
New Brunswick courts determining how long alimony lasts must consider the four objectives established in Divorce Act, s. 15.2(6), which apply equally to initial orders and variations. These four objectives represent the foundation of Canadian spousal support law, and no single objective takes automatic priority over others.
Objective 1: Economic Advantages and Disadvantages
Courts recognize economic advantages or disadvantages arising from the marriage or its breakdown, including career sacrifices, relocations for a spouse's employment, or reduced earning capacity from years out of the workforce. A spouse who left a $75,000 career to raise children for 15 years has suffered quantifiable economic disadvantage that extends beyond the marriage itself.
Objective 2: Child Care Consequences
Courts apportion financial consequences arising from child care beyond basic child support obligations, recognizing that the primary parent often bears long-term career consequences from prioritizing children's needs during the marriage.
Objective 3: Economic Hardship Relief
Courts relieve economic hardship arising from the marriage breakdown, particularly when one spouse cannot maintain a reasonable standard of living without support. The Supreme Court of Canada in Moge v. Moge rejected the clean break theory, emphasizing that economic hardship extends beyond the separation date.
Objective 4: Self-Sufficiency Promotion
Courts promote economic self-sufficiency of each spouse within a reasonable period of time, though this objective does not override the other three. Self-sufficiency remains a goal rather than a rigid deadline, and courts recognize that some recipients may never achieve full independence, particularly after long marriages or when health limitations exist.
When Does Alimony End in New Brunswick?
Spousal support in New Brunswick terminates upon specific events or changes in circumstances, though termination is not automatic except upon death of either party. The Divorce Act permits courts to make orders for definite or indefinite periods, or until specified events occur, with terms and conditions the court considers fit and just.
Automatic Termination Events
| Event | Automatic Termination? | Notes |
|---|---|---|
| Death of payor | Yes | Unless order binds estate |
| Death of recipient | Yes | Payments cease immediately |
| Expiry of fixed term | Yes | As specified in order |
| Remarriage of recipient | No | Not automatic termination |
| Cohabitation of recipient | No | Requires variation application |
| Retirement of payor | No | Requires variation application |
Remarriage and Cohabitation
Remarriage or cohabitation by the recipient does not automatically terminate spousal support in New Brunswick unless the original order or agreement specifically states otherwise. The payor must apply to court for variation under Divorce Act, s. 17, demonstrating that the remarriage or cohabitation constitutes a material change in circumstances. Courts distinguish between needs-based support, which remarriage may substantially affect, and compensatory support, which remarriage does not eliminate because it cannot compensate for career sacrifices made during the prior marriage.
When the recipient remarries or enters a new common-law relationship, their new partner assumes some responsibility for meeting their financial needs, potentially reducing or eliminating needs-based support. However, if the original support was primarily compensatory for career sacrifices, remarriage has less impact because the new partner cannot retroactively compensate for opportunities lost during the first marriage.
Material Change in Circumstances: Varying Support Orders
New Brunswick courts vary spousal support duration upon application by either party demonstrating a material change in circumstances since the original order was made. Section 17(4.1) of the Divorce Act requires the change to be substantial, unforeseen at the time of the original order, and of a continuing nature. A temporary job loss lasting three months does not constitute material change, but permanent disability or involuntary retirement from a $100,000 position represents the type of substantial change warranting variation.
Common Grounds for Variation
Significant income changes of 20% or more often constitute material change warranting variation of spousal support duration or amount. Retirement represents another common ground, though courts distinguish between voluntary early retirement and normal-age retirement that parties anticipated. Health changes rendering either party unable to work, or enabling the recipient to achieve self-sufficiency, support variation applications.
| Change Type | Likely Material Change? | Considerations |
|---|---|---|
| Job loss (involuntary) | Yes | Must be permanent or long-term |
| Voluntary income reduction | No | Self-induced changes disfavored |
| Normal-age retirement | Depends | If contemplated in original order, may not qualify |
| Early retirement | Depends | Must be reasonable and good faith |
| Lottery winnings | Depends | Windfall may not affect compensatory support |
| Recipient's inheritance | Possibly | May reduce needs-based support |
| Serious illness | Yes | Affects ability to pay or need for support |
Lump Sum vs. Periodic Spousal Support
New Brunswick courts may order spousal support as periodic monthly payments, a single lump sum payment, or a combination of both. Each structure affects duration differently, with tax consequences and finality varying significantly between options.
Periodic support provides the recipient with $2,500 monthly payments over 8 years, creating ongoing financial connection but allowing flexibility for variation. The payor deducts these payments from taxable income, while the recipient reports them as income. This structure suits situations where circumstances may change and where the payor lacks liquid assets for a lump sum.
Lump sum support provides the recipient with a single payment of $150,000, severing the ongoing financial relationship and providing immediate capital access. The payor cannot deduct the lump sum, and the recipient pays no tax on the amount. This structure suits situations where the payor has assets to liquidate, where the parties desire finality, or where concerns exist about future compliance.
Comparison: Lump Sum vs. Periodic Support
| Factor | Periodic | Lump Sum |
|---|---|---|
| Tax to recipient | Yes (income) | No |
| Tax deduction to payor | Yes | No |
| Variation possible | Yes | Generally no |
| Ongoing contact required | Yes | No |
| Enforcement concerns | Yes | No |
| Capital access | Over time | Immediate |
| Finality | Low | High |
Filing for Spousal Support in New Brunswick
New Brunswick spousal support applications proceed through the Court of King's Bench, Family Division, requiring at least one spouse to have ordinarily resided in New Brunswick for one year immediately preceding the application under Divorce Act, s. 3(1). The total filing fee is $110, comprising $100 for the petition and $10 for the Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa, as of March 2026.
Filing Fee Details
| Fee Component | Amount | Notes |
|---|---|---|
| Petition for Divorce | $100 | Form 72A (individual) or 72B (joint) |
| Clearance Certificate | $10 | Required from Ottawa registry |
| Certificate of Divorce | $7 | Optional, after judgment final |
| Total Initial Filing | $110 | Verify with local clerk |
Filing fees as of March 2026. Verify current fees with the Court of King's Bench, Family Division.
Residents receiving social assistance under the Family Income Security Act or those represented by domestic Legal Aid qualify for fee exemption under Rules of Court, Rule 72.24(2). The Registrar may also waive fees when a solicitor certifies no payment for legal services and that paying the fee would impose financial hardship.
Income Thresholds Under the SSAG
The Spousal Support Advisory Guidelines establish income thresholds affecting how long alimony lasts and whether support applies at all in New Brunswick. The payor income floor of $20,000 gross annual means payors earning below this threshold generally owe no spousal support because they lack sufficient income to meet their own basic needs.
The payor income ceiling of $350,000 gross annual marks the threshold above which courts exercise discretion rather than applying the SSAG formulas mechanically. For a payor earning $500,000 annually, the court considers whether strict formula application produces reasonable results or whether adjustment is warranted.
| Threshold | Amount | Effect |
|---|---|---|
| Payor floor | $20,000 | No support below this income |
| Payor ceiling | $350,000 | Court discretion above this |
| Recipient floor | $0 | No minimum income required |
Frequently Asked Questions
How long does alimony last in New Brunswick for a 10-year marriage?
A 10-year marriage in New Brunswick generates spousal support lasting 5 to 10 years under the SSAG without-child formula, which calculates duration at 0.5 to 1.0 years per year of marriage. The exact duration within this range depends on factors including the income disparity between spouses, whether the recipient has dependent children, and the recipient's progress toward self-sufficiency.
Does alimony automatically end when my ex remarries in New Brunswick?
No, remarriage does not automatically terminate spousal support in New Brunswick. The payor must apply to court for variation under Divorce Act section 17, demonstrating material change in circumstances. Courts distinguish between needs-based support, which remarriage may reduce, and compensatory support for career sacrifices, which a new spouse cannot compensate.
What is the Rule of 65 for spousal support duration?
The Rule of 65 grants indefinite spousal support when the recipient's age at separation plus years of marriage equals or exceeds 65, even for marriages under 20 years. A 12-year marriage ending when the recipient is 55 qualifies because 55 plus 12 equals 67. The rule requires minimum 5 years of marriage and uses age at separation date.
Can I vary my spousal support order if my income decreases?
Yes, New Brunswick courts vary spousal support upon demonstrating material change in circumstances under Divorce Act section 17(4.1). The change must be substantial, unforeseen at the original order, and of continuing nature. Involuntary job loss or disability typically qualifies, while voluntary income reduction does not support variation.
How much does it cost to file for spousal support in New Brunswick?
Filing for divorce with spousal support claims in New Brunswick costs $110 total, comprising $100 for the Petition for Divorce and $10 for the mandatory Clearance Certificate from Ottawa. Certificate of Divorce costs an additional $7 after the judgment becomes final. Fee waivers exist for Legal Aid recipients and social assistance recipients.
Is 20 years the threshold for indefinite alimony in New Brunswick?
Yes, marriages lasting 20 years or longer automatically qualify for indefinite spousal support duration under the SSAG without-child formula. Indefinite does not mean permanent, as courts retain authority to vary orders upon material change in circumstances, but no automatic termination date applies.
What happens to alimony if the payor dies in New Brunswick?
Spousal support obligations typically terminate upon the payor's death unless the court order specifically binds the payor's estate. Periodic support ceases immediately, while any unpaid lump sum amounts remain owing to the recipient. Life insurance may secure support obligations beyond death if the original order requires it.
Can I get lump sum spousal support instead of monthly payments?
Yes, New Brunswick courts may order lump sum spousal support instead of or in addition to periodic payments. Lump sum provides immediate capital access and finality, is not taxable to the recipient, and cannot be varied. The amount is calculated using SSAG ranges, then reduced to reflect the different tax treatment compared to periodic payments.
How does having children affect alimony duration in New Brunswick?
The SSAG with-child formula typically extends spousal support duration beyond the without-child formula, continuing at least until the youngest child completes high school. Support may then transition to the without-child formula for ongoing compensatory support. The primary parent's career sacrifices during child-rearing years justify longer support duration.
What factors do New Brunswick courts consider for alimony duration?
New Brunswick courts balance four statutory objectives: recognizing economic advantages and disadvantages from the marriage, apportioning child care consequences, relieving economic hardship from marital breakdown, and promoting self-sufficiency. Length of marriage, income disparity, age of parties, and presence of dependent children significantly influence duration within SSAG ranges.