May 25, 2020 – SSAGs: No Range Doesn’t Mean No Entitlement

“I accept the submission of counsel for the respondent that, because of the child support, the SSAGs suggest that no range of spousal support would be payable in 2011 on the incomes of the parties.

It has been observed repeatedly that the SSAG’s do not create an entitlement to spousal support just because they generate a suggested quantum or range. Entitlement is a threshold issue when using the SSAG’s. This case tests the other side of that coin. If the SSAG’s suggest no range of spousal support does that imply no entitlement?

Clearly not. For example, a spouse may have an entitlement to spousal support that is merely postponed while child support is in play. The unusual facts in this case provide another example. A lump sum for spousal support may be the best reflection of the objectives and factors enumerated in s. 15 of the Divorce Act.”

         Heffren v. Silverthorn, 2017 ONSC 3122 (CanLII) at 56-58