Spousal Maintenance
At the end of a relationship or marriage, one of the parties may be in a weaker financial position. In some instances, that person will be unable to support themselves without assistance from the other.
Parties to a relationship have a legal obligation to provide ongoing financial support in the form of spousal maintenance, if certain pre-conditions are met. Firstly, the person seeking the maintenance, must establish that he or she is unable to support themselves. It may be difficult for that person to obtain employment because they are responsible for the care of young children or may not have current skills as a result of being out of the workforce. Other reasons could include age or health factors impacting work opportunities.
If the Court is satisfied that the party is unable to support themselves, the other party will be required to pay spousal maintenance to the extent that they have the capacity to do so. This will involve a careful consideration of the income and property of that party to determine the extent to which there are resources available.
What if we can’t reach an agreement?
If agreement cannot be reached about the financial support of one of the parties, an application to the Court for spousal maintenance should be made. Spousal maintenance can be paid periodically, in a lump sum or by the transfer of property. In some cases, spousal maintenance can be ordered even when child support is already being paid to a party and is a separate consideration to property settlement.
In all financial matters, the court will require the parties to attend a formal mediation process – either a conciliation conference at the court conducted by a Registrar of the Court, or a private mediation where the parties engage a private mediator and meet that cost.
If agreement cannot be reached, directions are made to prepare the case for a final hearing in due course. The date of the final hearing may be 18 months to 2 years after the court documents were first filed.