Can You Ask for Higher Spousal Support Than the Spousal Support Advisory Guidelines (SSAG) Suggests? Understanding Your Rights in Ontario

Can You Ask for Higher Spousal Support Than the SSAG Suggests? Understanding Your Rights in Ontario

When separating from a partner, financial stability becomes one of the most pressing concerns—especially when one spouse has been more financially dependent during the relationship. Many people believe that the Spousal Support Advisory Guidelines (SSAG) strictly determine how much support can be awarded. However, this is not the full picture.

At OneLegal Professional Corporation, we regularly advise clients on spousal support issues and help them advocate for fair outcomes that reflect their real-life circumstances. In this article, we explain when and how it is possible to request higher spousal support than the SSAG ranges suggest, and the legal principles that guide these decisions.

What Are the Spousal Support Advisory Guidelines (SSAG)?

The SSAG are widely-used tools that provide suggested ranges for spousal support, calculated based on factors such as:

• Length of the relationship

• Income differences between spouses

• Whether there are children involved

However—and this is key—the SSAG are advisory, not legally binding. Courts view them as helpful starting points, not mandatory rules.

When Can Courts Award Spousal Support Higher Than the SSAG Range?

Courts have the discretion to go above the SSAG ranges when fairness requires it. They must, however, provide clear reasons for doing so.

There are three primary circumstances where a higher support amount may be justified:

✅ 1. Compensatory Claims

Spousal support can be increased where one spouse sacrificed career or earning potential for the relationship or family.
For example:

• Leaving the workforce to raise children

• Supporting the other spouse’s education or business

In these situations, courts may award support at the top end of the SSAG range—or even higher.

✅ 2. Recipient’s Financial Needs

If the recipient spouse has limited earning ability or faces financial hardship, higher support may be necessary to ensure stability.
This is especially relevant when:

• A spouse has been out of the workforce for many years

• Health or caregiving responsibilities limit employment

• Job prospects are limited due to age or immigration status

Courts recognize that fairness sometimes means providing more than the formula suggests.

✅ 3. Extraordinary Circumstances

In some cases, the facts of the situation don’t fit neatly into a guideline formula.
Examples include:

• Urgent basic living needs following separation

• Sponsorship obligations under Canadian immigration law

• Situations where one spouse has significant financial capacity while the other has none

In these cases, judicial discretion plays a major role in ensuring justice.

The Role of Judicial Discretion

While the SSAG promote consistency, courts are ultimately guided by the Divorce Act and Family Law Act, which prioritize solutions that are:

• Fair

• Balanced

• Grounded in the realities of the parties’ lives

As confirmed in cases like Fisher v. Fisher, the SSAG are merely a starting point. Each case is unique. Your story matters.

The Bottom Line

Yes—you can request spousal support amounts higher than the SSAG range.
And in many cases, courts do award higher amounts, especially where fairness demands it.

If you believe the SSAG range does not reflect:

• the sacrifices you made,

• your current financial needs,

• or your future earning limitations—

you may have strong grounds to seek higher support.

Need Guidance on Spousal Support? We’re Here to Help.

At OneLegal Professional Corporation, we understand that separation isn’t just a legal process—it’s a deeply personal life transition. Our role is to protect your rights, advocate for your financial stability, and ensure your voice is heard.

📞 Book a consultation today
Let’s discuss your situation and build a strategic plan tailored to you.

👉 Visit: www.onelegal.ca
📩 Email: info@onelegal.ca

You don’t have to navigate this alone. We’re here to support your next chapter.