Similar to child maintenance applications, a party can apply for spousal maintenance in the Court seeking financial support until all issues in the Court have been resolved. A spousal maintenance application can be made in its own right. It is not necessary to seek other financial relief from the other party.
The Courts consider the income levels of both parties and the expenditure of each party for their day-to-day living and other expenses. If a person does not have the income to meet his or her day-to-day living expenses or reasonable expenses, then that party has a need.
If the other party has an income greater than his or her day-to-day living expenses or other expenses, then that party has the capacity to assist the other party financially until matters are resolved.
In such circumstances, the Court can order the party with the financial capacity to pay spousal maintenance to the other party. Normally spousal maintenance ceases when financial issues have been resolved or negotiated.
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