New Brunswick Canadian Spousal Support (SSAG) Estimator

Spousal support in New Brunswick follows the Spousal Support Advisory Guidelines (SSAG), which produce a range rather than a fixed amount. The without-child formula calculates 1.5% to 2.0% of the gross income difference between spouses, multiplied by years of marriage (capped at 37.5–50% after 25 years). The with-child formula targets 40–46% of combined Individual Net Disposable Income (INDI) for the recipient after accounting for child support obligations.

The Rule of 65 grants indefinite spousal support duration when the years of marriage plus the recipient's age at separation 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). The rule requires at least 5 years of marriage to apply and uses the recipient's age at separation date, not at trial. Indefinite means no time limit set initially — support can still be varied or terminated based on changed circumstances.

Under the SSAG without-child formula, duration ranges from 0.5 to 1.0 years for each year of marriage — a 10-year marriage generates 5–10 years of support. Support becomes indefinite (duration not specified) after marriages lasting 20 years or longer, or when the Rule of 65 applies. With-child formula duration depends on the age of the youngest child and typically extends until children are independent, then may transition to the without-child formula.

Yes, Canadian spousal support differs fundamentally from US alimony in tax treatment. Periodic spousal support payments are fully tax-deductible for the payor (claimed on line 22000) and taxable income for the recipient (reported on line 12800) under Canada's Income Tax Act. This deductible/taxable treatment requires a court order or written agreement specifying periodic payments — lump-sum settlements are not deductible.

The SSAG without-child formula applies when no dependent children exist and calculates support as 1.5% to 2.0% of the gross income difference per year of marriage. For a 20-year marriage with a $100,000 payor and $40,000 recipient, the $60,000 difference produces $18,000–$24,000 annually ($1,500–$2,000/month). Duration runs 10–20 years (0.5–1.0 years per year married), with indefinite support after 20-year marriages or under the Rule of 65.

The SSAG with-child formula applies when dependent children exist and uses Individual Net Disposable Income (INDI) rather than gross income. INDI equals each spouse's income minus taxes, deductions, and child support obligations, plus government benefits. The formula targets leaving the recipient with 40–46% of the combined INDI pool. Duration extends until the youngest child finishes high school, then may transition to the without-child formula for ongoing compensatory support.

Yes, spousal support orders can be varied under section 17(4.1) of the Divorce Act when a material change in circumstances occurs — defined as substantial, unforeseen at the original order, and continuing in nature. Common qualifying changes include job loss, retirement, significant income changes, or recipient's repartnering. The court examines whether knowledge of the change would have altered the original order. Review orders (different from variations) allow reassessment without proving material change.

Yes, New Brunswick's Family Law Act (SNB 2020, c 23) extends spousal support rights to common-law partners meeting specific thresholds. Partners qualify if they cohabited continuously for at least 3 years with one substantially dependent on the other, OR if they share a child together regardless of cohabitation duration. Once eligible, common-law partners receive the same SSAG analysis for amount and duration as married spouses seeking support.