Yukon Canadian Spousal Support (SSAG) Estimator

Yukon courts calculate spousal support using the Spousal Support Advisory Guidelines (SSAG), which produce a range rather than a fixed amount. The without-child formula uses 1.5% to 2.0% of the gross income difference between spouses for each year of marriage, up to a maximum of 50%. For cases involving children, the with-child formula targets 40% to 46% of combined Individual Net Disposable Income (INDI) for the recipient after child support obligations are factored in.

The Rule of 65 determines when spousal support becomes indefinite in duration under the SSAG. If the years of marriage plus the recipient's age at separation equals 65 or more, support has no specified end date. For example, a 12-year marriage ending when the recipient is 53 years old triggers the rule (12+53=65). The marriage must be at least five years long to qualify, and the calculation uses the recipient's age at separation, not at trial.

Under the SSAG applied in Yukon, spousal support duration ranges from 0.5 to 1.0 years for each year of marriage. A 10-year marriage generates support lasting 5 to 10 years. Support becomes indefinite (no specified end date) for marriages of 20 years or longer, or when the Rule of 65 applies. However, indefinite does not mean permanent—support can still be varied or terminated if circumstances change materially, such as the recipient achieving self-sufficiency.

Yes, periodic spousal support payments in Canada are fully tax-deductible for the payor and must be reported as taxable income by the recipient under the Income Tax Act of Canada. This differs significantly from U.S. law, where spousal support (alimony) lost its tax-deductible status for agreements executed after December 31, 2018. Lump-sum payments are neither deductible nor taxable; the tax treatment applies only to periodic payments made under a court order or written agreement.

The SSAG without-child formula calculates spousal support as 1.5% to 2.0% of the gross income difference between spouses for each year of marriage. The percentage range caps at 37.5% to 50% after 25 years of marriage, with the upper limit further restricted by a net income cap that prevents the recipient from receiving more than 50% equalization. For payors earning below $20,000 annually, no support is generally payable; for incomes above $350,000, the formula applies only to the first $350,000.

The SSAG with-child formula uses Individual Net Disposable Income (INDI) rather than gross income. INDI is calculated as gross income minus child support obligations minus taxes plus government benefits. The formula determines spousal support amounts that leave the lower-income spouse with 40% to 46% of the combined INDI of both parties. Duration under this formula is initially indefinite, subject to review as children become independent and the recipient's earning capacity evolves.

Yes, spousal support orders in Yukon can be varied upon proof of a material change in circumstances under section 17(4.1) of the Divorce Act. Following the Supreme Court of Canada decision in L.M.P. v. L.S. (2011 SCC 64), a material change must be substantial, continuing, and one that would have resulted in a different order if known at the time. Common qualifying changes include the payor's retirement, significant income changes for either party, the recipient's re-partnering, or the recipient achieving financial self-sufficiency.

Yes, common-law partners in Yukon qualify for spousal support after two years of continuous cohabitation under the Family Property and Support Act, RSY 2002, c 83. A 2021 amendment removed the previous three-month time limit for common-law spouses to apply for support. Courts apply the same SSAG formulas to common-law relationships as to married couples, considering factors including the length of cohabitation, functions performed by each partner, and their respective financial circumstances.