What Will The Court Consider When Making A Spouse Maintenance Order?

The court will look to the following factors in considering what, if any, order should be made as to spousal maintenance:

  1. the arrangements for the care and control of any children of the relationship under the age of 18 years;
  2. the age and state of health of the parties;
  3. the capacity of each of the parties for gainful employment
  4. the income, property and financial resources of each of the parties;
  5. the commitments of each of the parties to support themselves and other persons;
  6. the eligibility of the parties for a pension, allowance or benefit;
  7. a standard of living in all the circumstances that is reasonable;
  8. whether payment would increase the earning capacity of the other party;
  9. the rights of any creditors;
  10. any contribution to the income, earning capacity, property and financial resources of the other party;
  11. the duration and impact marriage;
  12. the nature of cohabitation with any other person;
  13. the terms of any property settlement;
  14. the child support payable and being paid;
  15. the terms of any binding financial agreement;
  16. any fact or circumstances in the opinion of the court the justice the case requires to be taken into account.