Generally speaking, if there is a substantial difference in the incomes of the spouses when they separate then the spouse with the lower income may be able to claim maintenance (also known as spousal maintenance) from the spouse with the higher income.

An urgent application for maintenance can also be made if there is a need for urgent financial assistance upon separation.

What factors influence a claim for maintenance?

• The age of the spouses;
• The health of the spouses;
• Whether one spouse has care for the child/children;
• Contributions made by the parties during the relationship;
• The length of the relationship and the potential effect of this upon the earning capacity of one of the spouses.

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Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister at Clarence Chambers

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