What You Need to Know Before Using an Online Spousal Support Calculator
Many people turn to online spousal support calculators, in hopes of making sense of their situation. The anxiety of not knowing what support they can hope for will lead them to try anything.
But you can’t trust an online calculator to give you the whole picture. These tools are not complex enough to be able to give you a good sense of what to expect, especially as your case may not fit within typical parameters. Here’s why you can’t rely on simple calculations for such a nuanced matter as spousal support.
Why Calculating Spousal Support Isn’t So Simple
The short answer is that spousal support payments are determined on a case-by-case basis based on multiple factors that are evaluated by a judge. The judge’s decision, of course, isn’t random, but while there are guidelines for spousal support, the amounts awarded don’t follow a simple equation. The average online support calculator can’t hope to address all aspects of a marriage that may factor into a judge’s decision.
As the Department of Justice explains, the Spousal Support Advisory Guidelines are not law but are intended to “suggest appropriate ranges of support in a variety of situations for spouses entitled to support.” The Ontario Ministry of the Attorney General highlights the importance of addressing the unique circumstances of the former couple involved as well as the role of judges/the court in determining spousal support amounts: “the law says that judges must consider a number of factors, including how much the person asking for support needs to meet his or her needs, and how much the other person can afford to pay.” The court may consider the guidelines, “but they are not binding.”
What Can the Guidelines and Online Calculators Do?
The guidelines do cover aspects of the relationship and financial circumstances involved that should be considered, and the elements discussed in the guidelines are valuable in estimating a general range for what the receiving spouse might be entitled to. As we explain when discussing our method for calculating alimony estimates, these categories are as follows:
- The duration of the marriage
- The age of the parties
- The number of children
- The quantum of child support and the incomes of the parties
The guidelines are also useful as a persuasive tool in court. While they are not legally binding, they do help to structure and support well-reasoned arguments.
Why Is a Lawyer Necessary?
A lawyer is necessary to calculate potential spousal support because they can base their estimates on a combination of guideline-related computer calculations and their knowledge of the law. Even a lawyer cannot know exactly how the court will rule, but their knowledge and experience can help them find an appropriate ballpark figure. From there, a family law lawyer can advise you on what it is reasonable to expect and what arguments are most likely to help you get what you need at a time when your financial future can seem bewildering and even frightening.
Get the Help You Need in Determining Spousal Support
The prospect of negotiating spousal support can be confusing and stressful, and you may not realize what you could get. Luckily, you don’t have to go through this alone. We’re here to help give you a sense of where you stand and to represent your best interests in court.
Fine & Associates Professional Corporation is a well-respected Toronto Law Firm that prides itself on providing quality personal service and favourable outcomes in Family Law and Divorce Law.
Schedule a free private phone consultation. Or call us at the phone number at the top of the page.