Financial Support Following Separation: Understanding Spouse Maintenance

When couples separate or divorce, financial support can become a significant concern. As family lawyers, we see a lot of confusion regarding spouse maintenance, and who it applies to. To help separating couples understand their rights and obligations, this blog looks at what spouse maintenance is and how it works in practical terms.

What is Spouse Maintenance?

Spouse maintenance is financial support that one spouse may be required to pay to the other after separation or divorce. It's designed to ensure that both parties can maintain a reasonable standard of living following the end of their relationship.

Need and Capacity: The Two Key Principles

The determination of spouse maintenance centres on two fundamental legal principles:

  1. The need for financial support

  2. The capacity to provide financial support

Both elements must be present for a court to order spouse maintenance payments.

Establishing Need

For the court to make an order for spouse maintenance, the applicant must first demonstrate they cannot meet their reasonable living expenses and therefore have a need for financial support.

There are many reasons why an applicant may not have the ability to meet their reasonable living expenses, including:

  • Limited income or earning capacity

  • Caring responsibilities for young children

  • Health issues

  • Age-related factors

What Are "Reasonable Living Expenses"?

The court will assess what standard of living is reasonable in the circumstances of each case. While there is no guarantee of maintaining the exact same lifestyle as during the marriage, the court will consider what costs are essential and necessary to maintain a standard of living that is fair and appropriate.

Reasonable living expenses are typically measured against the basic needs of the applicant to maintain a lifestyle comparable to what they reasonably experienced during the marriage.

Establishing Capacity to Pay

Even after establishing a need, an order for spouse maintenance will only be made if the other party has the financial capacity to pay.

To establish financial capacity, the court will consider:

  • The paying spouse's income, assets, and financial resources

  • The financial obligations of the paying spouse, including their obligation to support children

  • The reasonable living costs of the paying spouse themselves

The Balancing Act

The court must balance the needs of the applicant against the capacity of the paying spouse. This balancing act aims to promote fairness by ensuring the spouse in need receives reasonable financial support without imposing an unfair financial burden on the paying spouse.

Seeking Professional Advice

Navigating spouse maintenance can be complex. Each case is unique and depends on individual circumstances. Seeking legal advice will ensure both parties' rights and obligations are properly considered and that any agreement or court order is fair and sustainable.

If you're going through a separation or divorce and have questions about spouse maintenance, please contact our office to discuss your specific situation.

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Child Support Departure Orders: When Standard Assessments Don't Fit Your Family's Needs

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