What is spousal maintenance?
Spousal maintenance is financial support payable by a husband or wife to the other if they are unable to support themselves adequately. In rare circumstances, the liability may continue for a long period.
Once a divorce becomes final, an application for spousal maintenance must usually be brought within 12 months
What the court considers?
There is no automatic right to spousal maintenance. The applicant must show their need for maintenance and the other party’s capacity to pay. A spouse may be unable to support themselves adequately:
- because of the care of a child of the marriage under 18 years of age
- because of age or physical or mental incapacity for appropriate gainful employment
- for any other reason.
The applicant is entitled to a standard of living which is reasonable in all the circumstances. The court must disregard any entitlement of the applicant to any income tested pension, allowance or benefit.
If a need for spousal maintenance has been established, the capacity of the other party to pay is considered. When assessing whether spousal maintenance is appropriate and the level of spousal maintenance, the court considers such factors as:
- ages and state of health
- capacities for gainful employment
- incomes and financial resources
- care of a child under 18 years of age
- standard of living