In what circumstances is maintenance payable?
There is no automatic right to maintenance. The applicant must show a need for maintenance and demonstrate the other party’s capacity to pay.
When assessing whether maintenance is appropriate and the amount the Court will consider should be paid a variety of factors relevant to the parties, including their:
• Age and state of health;
• Capacity for gainful employment;
• Income and financial resources;
• Care obligations for a child under 18 years of age or other dependant; and
• Standard of living. In this regard an applicant is entitled to a standard of living which is reasonable in all the circumstances.
In determining the appropriateness of a maintenance order the Court must disregard any entitlement of the applicant to any income tested pension, allowance or benefit.
If a need for maintenance has been established, the capacity of the other party to pay is considered.