Spouse maintenance is financial support payable by one spouse to another if a spouse is unable to support themselves and the other spouse has the capacity to assist them financially.
If a spouse wishes to apply to the Court for spousal maintenance, they should do so prior to Divorce or within 12 months of the date of Divorce.
When determining the income available to the Applicant spouse, the Court must disregard any entitlement of the Applicant to an income-tested pension, allowance or benefit.
When considering whether spouse maintenance should be paid and the amount of spouse maintenance, the Court takes into account such factors as:
- the parties’ age and state of health;
- their capacity for gainful employment;
- income and financial resources;
- care of a child under 18 years of age;
- a standard of living that is reasonable in all of the circumstances.
An entitlement to spouse maintenance ends when the receiving spouse remarries or commences a de facto relationship.