1. Spouse Maintenance

Q. When will I be entitled to receive maintenance from, or liable to pay maintenance to, my former spouse?

A. A spouse is liable to maintain his or her wife/husband to the extent that they are reasonably able to do so, if, and only if, the wife/husband is unable to support himself or herself adequately by reason of:-

1. their age; or
2. their physical or mental incapacity for employment; or
3. having the care of a child of the marriage under 18 years; or
4. any other “adequate reason”.

In other words, if one party has a need for support based on the above (i.e. their expenses are greater than income) and the other party has the means to support the spouse (i.e. after all reasonable expenses, there is an excess of income), then a Spousal Maintenance Order may be appropriate.

Q. How does the court decide whether to award maintenance?

A. When deciding whether a spouse is entitled to maintenance and (if so) how much, the Court will take into account only so much of the following matters as are relevant to the situation between the particular husband and wife and no other matters.  The matters are:-

1. the age and state of health of both the husband and wife;
2. the income, property and financial resources of both the husband and wife and their physical and mental capacity for appropriate employment;
3. whether either of them has care of a child of the marriage under 18 years;
4. the financial needs and obligations of each of the parties;
5. the responsibility of either of them to support any other person;
6. a standard of living that “in all the circumstances is reasonable”;
7. whether the payment of maintenance to the other party under consideration would enable them to undertake a course of education or training to start a business so as to be able to earn income;
8. the extent to which the party under consideration has contributed to the income, earning capacity, property and financial resources of the other property;
9. the duration of the marriage and the extent to which it has affected the earning capacity of either party;
10. the need to protect a party who wishes to continue their role as parent;
11. if either party is cohabiting with another person, the financial circumstances relating to cohabitation;
12. the terms of any Order altering the interest of either of the parties in any property owned by either of them.
13. any fact or circumstance, which, in the opinion of the Court, the justice of the case requires to be taken into account.

Q. For how long will maintenance payments be made?

A. Spousal maintenance payments for a party cease upon their marriage or death, or upon the death of the person making the spousal maintenance payments.  An Order for Spousal Maintenance may also specify a date at which payments cease. An Order for spousal maintenance can be varied where there has been a change in the financial position of either party or there has been a change in the cost of living to justify a variation of the Order (about every twelve months).