Even though you are separated or divorced, you may still be required to pay maintenance to your spouse to cover their reasonable living expenses for a reasonable period of time.

Where your spouse is unable to support themselves, and you are in a position to do so, they may be entitled to receive maintenance to cover their reasonable costs of living.

There are a number of factors the Courts consider, including:

  • Whether they have care of children of the marriage.
  • Their financial position.
  • Their employment and, in that regard, their age and the likelihood of obtaining reasonably remunerative employment.
  • Their alternate means of support themselves.
  • Child Support obligations.