Unpacking spousal maintenance

Spouses owe each other a duty of support and this may continue after divorce. It can be defined in one of two ways: Ongoing Spousal Maintenance or Rehabilitative Spousal Maintenance.

Rehabilitative Spousal Maintenance

This is for a short period of time (typically around 6 months) to enable the spouse in need to find employment.

Ongoing Spousal Maintenance

This is maintenance until the spouse’s (the one who needs the financial support) death, remarriage or cohabitation.  The award of this type of spousal maintenance depends on a number of factors:

• Spouse’s age
• Duration of marriage
• Employment prospects (skills)
• Ability to work (health)
• Any other relevant factor

What does the award of spousal maintenance again depend on?

NEED vs ABILITY TO PAY

Need is determined by looking at the expenses of the spouse in need, taking into account any income.  There is only a “need” if the spouse is unable to cover his/her own expenses in their entirety.

The ability to pay is calculated by determining if the other spouse has the financial ability to assist, and to what extent.