Spousal Maintenance

Can I apply for my spouse to pay spousal maintenance to me?

A court may order a man to pay maintenance to his wife or former wife. In deciding the sum for spousal maintenance, the Court will have regard to:

  • future and present income, property resources and earning capacity of both parties;
  • financial needs of both parties;
  • degree of responsibility which the Court apportions to each party for the breakdown of marriage.

A woman may be ordered to pay maintenance to her husband or former husband where he is incapacitated from earning a livelihood by reason of mental or physical injury or ill health and the Court is satisfied that it is reasonable to do so, having considered her means.

If you are seeking maintenance from your spouse, or if your spouse is seeking maintenance from you, you may wish to seek advice as to how you may have a say, through mediation, as to the amounts payable.

This article is for informational purposes only, and must not be relied upon as a substitute for obtaining legal advice from a qualified lawyer, provided specifically with reference to all the facts of a particular situation and the law of your jurisdiction.
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