Spousal Maintenance Payments

Spousal maintenance is a payment made by one person to a former spouse/partner who cannot support themselves. There is a premise that after separation a spouse who can afford to do so should provide maintenance for another spouse who cannot provide for themselves. The considerations for spousal maintenance include:

The ability of the other spouse to pay;
The standard of living of the spouses;
The income capacity of the spouse claiming maintenance;
Whether the income of the spouse claiming maintenance has been negatively affected by the marriage;
Any child support that is being paid; and
The health of the spouses

These are only the principal factors, the Court will also take into consideration any other relevant factors to a spousal maintenance assessment and claim.

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