There are circumstances where you can have an agreement, or the Court can make an order, for the payment of spousal maintenance. This is different to child support. In fact, a recipient of spousal maintenance may not have children.
Different types of spousal maintenance orders can be made:
- Urgent (these applications are very rare)
- Interim, pending the finalization of proceedings.
- Final, in the sense that proceedings come to an end. Often, spousal maintenance orders are later capable of being varied.
How do you work out you are entitled to spousal maintenance?
There are a number of factors, but the questions to be asked include:
- What are the applicant’s reasonable needs?
- Does the applicant have the earning capacity to meet those reasonable needs?
- If not, what is the reason?
- What is the respondent’s earning capacity?
- What are the respondent’s reasonable needs?
- After the respondent’s meets his/her reasonable needs is there any remaining capacity to pay?
How do I get spousal maintenance?
Unlike Child Support, spousal maintenance can only be obtained by agreement or by Court order.