Spousal Maintenance

Spousal maintenance is the financial support one spouse provides to the other after separation or divorce. It is not automatic but is awarded on the circumstances of each case.

Eligibility and considerations:

The Court assesses several factors when determining spousal maintenance according to Section 25(5) of the Family Law Act, such as,

• the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;

• the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;

• the standard of living enjoyed by the parties to the marriage before the occurrence of the conduct which is alleged as the grounds of the application;

• the age of each party to the marriage and the duration of the marriage;

• any physical or mental disability of either of the parties to the marriage;

• the contribution made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family;

• any other matter which in the circumstances of the case the Court may consider relevant, including, so far as it is just to take it into account, the conduct of each of the parties in relation to the marriage.