“The mother argues that she does not seek a set-off against the amount of spousal support that the trial judge determined is appropriate. Rather, she argues that, in determining both entitlement and what amount of spousal support is appropriate, the trial judge should have considered that she assumed and paid the joint debt that, under the Agreement, the father had agreed to assume. She argues that the trial judge did not have the benefit of Karlovic v. Karlovic, 2018 ONSC 4233, 12 R.F.L. (8th) 325, which was decided after the trial judge released his decision. The mother says that Karlovic makes clear that the trial judge could, and should, have considered that she had assumed the debt in determining the quantum of support to which the father is entitled.
The parties’ assets and debts can be relevant to determining both the entitlement to, and to a certain extent the quantum of, spousal support. This is because, while the parties’ incomes are the relevant inputs in calculations under the SSAGs, the trial judge retains discretion in determining whether to award support at the low, mid, or high range of amounts suggested by the SSAGs, or in exceptional cases, even to justify departure from the ranges: Halliwell v. Halliwell, 2017 ONCA 349, 138 O.R. (3d) 671, at para. 110.”