Spousal Maintenance in Family Law Cases

August 24, 2016



Following separation, you might ask yourself “am I entitled to spousal maintenance”? You might otherwise be asking “do I have to pay maintenance?”

Spousal maintenance may be paid when one party has the financial capacity to pay and when the other party is unable to financially support himself or herself adequately.


In determining whether or not periodic maintenance is paid, each party’s financial income and commitments are assessed.


The courts must ensure that, where practical, any orders made, determine the financial relationships between the parties on a final basis. As a result, there is a tendency for maintenance orders to be for a shorter duration.


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