You plugged your numbers into a spousal support calculator and got something like: "$2,100 to $2,800 per month." That's a $700 monthly difference. Over 10 years, that's $84,000.
So which is it? The low end? The high end? Somewhere in between?
The frustrating answer: it depends. But here's what "it depends" actually means, and how to figure out where you're likely to land.
The Short Answer
Why a range? Because every divorce is different. The range gives courts and negotiators room to account for your specific circumstances.
Low end: 1.5% of income difference per year of marriage (without-child formula)
High end: 2% of income difference per year of marriage
Where most land: Between mid and high. Courts tend to start at mid unless there's a reason to go elsewhere.
The gotcha: The other side will argue for their end of the range. So will you. Documentation matters.
Why the SSAG Doesn't Just Give You a Number
The Spousal Support Advisory Guidelines could have said "support is exactly 1.75% of the income difference per year of marriage." Simple. Clean. No ambiguity.
They didn't do that. On purpose.
Here's the thing: divorce isn't a math problem. Two couples with identical incomes and identical years of marriage can have completely different circumstances. One spouse gave up a medical career to raise kids. Another chose not to work despite having no children. One recipient has health issues. Another is 28 with a master's degree.
The range exists because context matters. The SSAG gives judges and lawyers a framework, then trusts them to apply judgment within that framework.
What Low, Mid, and High Actually Mean
Let's break down what the numbers represent.
The Without-Child Formula
If you don't have dependent children, the SSAG uses a simpler formula:
- Low: 1.5% of the gross income difference × years of marriage
- High: 2% of the gross income difference × years of marriage
- Mid: The average of low and high (1.75%)
Example: 15-Year Marriage, No Kids
Higher earner: $150,000/year
Lower earner: $50,000/year
Income difference: $100,000
Low: $100,000 × 1.5% × 15 years = $22,500/year = $1,875/month
Mid: $100,000 × 1.75% × 15 years = $26,250/year = $2,188/month
High: $100,000 × 2% × 15 years = $30,000/year = $2,500/month
The range: $1,875 to $2,500/month. That's a $625 monthly difference—$7,500 per year.
The With-Child Formula
When there are dependent children, the math gets more complicated. The SSAG uses something called Individual Net Disposable Income (INDI) to target a specific share of household income for the lower-earning spouse.
- Low: Recipient gets 40% of combined INDI
- High: Recipient gets 46% of combined INDI
- Mid: 43% of combined INDI
The range is narrower in percentage terms (40-46% vs. 1.5-2%), but the dollar amounts can still vary significantly depending on incomes and child support amounts.
What Pushes You Higher in the Range
Courts and negotiators look at specific factors when deciding where in the range to land. Here's what pushes support toward the high end:
1. Career Sacrifice
Did the recipient give up career opportunities for the family? This is the big one. If someone left a $200K career track to raise kids or support their spouse's career, courts recognize that sacrifice should be compensated. The more significant the sacrifice, the higher in the range.
2. Age and Re-Employment Prospects
A 55-year-old who's been out of the workforce for 20 years faces real barriers to getting back in. Age discrimination is real. Skills become outdated. Professional networks disappear. Courts factor this in.
3. Health Issues
Physical or mental health conditions that limit the recipient's ability to work push support higher. This includes chronic conditions that were present during the marriage, not just new issues.
4. Standard of Living
If the couple enjoyed a high standard of living during the marriage, courts may award higher support to help the recipient maintain something closer to that lifestyle. This isn't about luxury—it's about recognizing that both spouses contributed to building that life.
5. Childcare Responsibilities
If the recipient has primary care of children, that limits their ability to work full-time or pursue career advancement. Even with the with-child formula accounting for this, it can push amounts toward the high end.
| Factor | Pushes Higher |
|---|---|
| Career sacrifice | Gave up significant earning potential for family |
| Age | Older recipient with limited re-employment options |
| Health | Conditions limiting ability to work |
| Standard of living | High lifestyle during marriage |
| Childcare | Primary caregiver to children |
What Pushes You Lower in the Range
Factors that push support toward the low end:
1. Earning Potential Not Pursued
If the recipient has education, skills, or credentials they're not using, courts may impute income or keep support at the low end. "I could work but choose not to" doesn't fly.
2. Larger Property Settlement
If the recipient received a larger share of property division (say, keeping the house), that can offset spousal support. The overall settlement should be fair—getting more on one side means potentially less on the other.
3. Shorter Marriage
A 6-year marriage creates less economic interdependence than a 25-year marriage. Shorter marriages tend toward the lower end of the range, all else being equal.
4. Younger Recipient
A 32-year-old has decades of working life ahead. Courts expect them to become self-sufficient more quickly, which can keep support lower.
5. No Children
Without childcare responsibilities limiting their availability, the recipient has more flexibility to pursue employment. This tends to keep support lower.
6. Short-Term Need
If the recipient just needs support while retraining or job searching, rather than long-term income replacement, that points toward lower amounts.
| Factor | Pushes Lower |
|---|---|
| Earning potential | Has skills/education not being used |
| Property division | Received larger share of assets |
| Marriage length | Shorter marriage (closer to 5-10 years) |
| Age | Younger with good employment prospects |
| Children | No dependent children |
| Need type | Transitional support only |
Restructuring: Trading Duration for Amount
Here's something the calculator doesn't show you: you can trade within the range.
Restructuring means adjusting the amount and duration so the overall value stays roughly the same. Think of it like a budget—you can spend more per month for fewer months, or less per month for more months.
Example: Same Total Value, Different Structure
Standard calculation: $2,000/month for 10 years = $240,000 total
Restructured option A: $2,400/month for 8 years = $230,400 total
Restructured option B: $1,600/month for 12 years = $230,400 total
Same ballpark total value, but very different cash flow and certainty.
When Restructuring Makes Sense
For the payor:
- You want certainty about an end date
- You're planning to retire and need support to end before then
- You'd rather pay more now than less forever
For the recipient:
- You need more money upfront to get established (housing, education, starting a business)
- You want to become financially independent sooner rather than relying on support long-term
- You'd rather have a clean break
How Courts Actually Decide
In theory, courts weigh all the factors and pick a number. In practice, here's what usually happens:
The Default: Mid-Range
Most judges start at mid-range as a baseline. Then they adjust up or down based on specific factors. If there's nothing compelling either direction, mid is where you land.
The Reality: Negotiation
Most cases never go to trial. They settle through negotiation or mediation. That means the range becomes a bargaining zone. Each side argues for their end, and you meet somewhere based on the strength of your positions and how much each side wants to avoid court.
What Moves the Needle
Documentation. Specific facts. Expert opinions when relevant.
"I sacrificed my career" is weak. "I left my position as Senior Manager at [Company] earning $95,000 when our first child was born, as we jointly decided I would stay home" is strong.
"I can't work" is weak. "My physician has documented that my [condition] limits me to part-time sedentary work" is strong.
The side with better documentation of the factors that support their position has leverage in negotiation and a better chance of the court going their way if it goes to trial.
What This Means For You
If You're the Potential Payor
- Don't assume low end. Most settlements land between mid and high. Budget for that reality.
- Document factors that support lower. Can the recipient work more? Did they get more property? Are they younger with good prospects?
- Consider restructuring. If certainty about an end date matters more than monthly cash flow, propose a restructured arrangement.
If You're the Potential Recipient
- Don't assume high end. You'll need to justify why you deserve above-mid support.
- Document your contributions and sacrifices. Career decisions, childcare, supporting your spouse's career—all of it matters.
- Be realistic about self-sufficiency. Courts expect effort toward becoming independent. Showing you're trying (even if it's hard) helps your case.
The "Ceiling" Problem
One more thing the calculator doesn't tell you: there's an informal ceiling on spousal support.
The SSAG says the recipient's share of combined income shouldn't exceed about 50%. After taxes, child support, and spousal support, the recipient shouldn't end up with more than the payor. That's the general principle.
In practice, this caps high-end calculations. If the formula says $5,000/month but that would leave the payor with less than the recipient, courts will adjust.
Try the Calculator
Want to see the range for your situation? Our calculator uses the actual SSAG formulas and shows you low, mid, and high estimates.
Remember: the calculator gives you the range. Where you land within that range depends on your specific circumstances and how well you can document them. Use the factors above to get a sense of which direction your case might lean.
Frequently Asked Questions
Why does the SSAG give a range instead of a specific amount?
The SSAG provides a range because every divorce is different. Factors like the recipient's effort to become self-sufficient, the standard of living during marriage, health issues, and childcare responsibilities all affect where you land in the range. The range gives courts flexibility to account for these differences.
What does low, mid, and high mean in SSAG calculations?
Low is the minimum the SSAG suggests (1.5% of income difference per year of marriage for the without-child formula). High is the maximum (2% per year). Mid is the average of low and high. Most negotiated settlements land somewhere between mid and high, though courts can order anywhere in the range.
What factors push spousal support higher in the range?
Factors that push support higher include: the recipient sacrificed career opportunities for the family, the recipient has health issues limiting employment, the recipient is older and faces age discrimination in the job market, the couple had a high standard of living during marriage, or the recipient has primary care of children.
What factors push spousal support lower in the range?
Factors that push support lower include: the recipient has strong earning potential they haven't pursued, the recipient received a larger share of property division, the marriage was shorter (closer to 5 years), the recipient has no children to care for, or the recipient is younger with good re-employment prospects.
Can I trade duration for amount in spousal support?
Yes, this is called restructuring. You can negotiate higher monthly payments for a shorter duration, or lower payments for longer. The total value stays roughly the same. This is common when the payor wants certainty about an end date or the recipient needs more money upfront to get established.
Where do most spousal support settlements land in the range?
Most negotiated settlements land between mid and high. Courts tend to start at mid unless there are compelling reasons to go higher or lower. If you're negotiating, expect the other side to argue for their preferred end of the range. Having documentation of the factors that support your position is important.
Related Articles
- How the SSAG Actually Works — The formulas behind the calculator
- The Rule of 65 Explained — When support duration becomes indefinite
- Imputed Income — What happens when income is understated
- Self-Employed Income — How business income is calculated