Family Law Focus: Spousal Maintenance
19 November 2021
On the breakdown of the marriage, either party may have a financial entitlement to spousal maintenance where there is a disparity between the incomes.
A Maintenance Pending Suit application can be made on behalf of the spouse entitled to spousal maintenance in the event the other spouse does not provide sufficient or appropriate maintenance payments post separation.
The Court will consider several factors to include the income, earning capacity, and the financials needs and obligations of each party when deciding what level of financial provision to make.
Spousal maintenance can be paid on a monthly basis or capitalised into a lump sum depending on the spouse’s circumstances. The idea of capitalising spousal maintenance into a lump sum is in keeping with the concept of a ‘clean break principle’ to which the Court must have regard. The parties should be encouraged to make financial arrangements in order to finalise matters with no ongoing financial relationship between them.
Spousal maintenance will end when the receiving spouse co-habits or remarries.
MKB Law’s Family Law solicitors can provide expert legal advice in relation to your entitlement or obligation to pay spousal maintenance.