What does the court look at?
The Court will consider the needs of an applicant seeking spousal maintenance.
The court will consider the applicant’s financial situation by looking at their income, property, and financial resources and comparing this to their financial needs to support themselves.
This will not be the only thing the court will look at. The age and health of the applicant will be considered as well as their ability to work.
Naturally, the Court also look see if the applicant has children under 18 years old living with them and disabled children over 18 as this will have an impact on the applicant’s ability to financially support themselves.
However, just because the court determines that there is a need for spousal maintenance, does not mean that an order will be made. The other party’s ability to pay has to be considered. It is important to note that the process is not the same as determining what child support is to be paid. The court will look at the party’s disposable income after all necessary living expenses, including some entertainment.
What type of orders can be made?
Most orders for spousal maintenance are for a short period of time. They can be periodical payments (weekly or monthly) or as a one-off lump sum.
