SPOUSE & DE FACTO SPOUSE MAINTENANCE
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:
- the arrangements for the care and control of any children of the relationship under the age of 18 years;
- the age and state of health of the parties;
- the capacity of each of the parties for gainful employment
- the income, property and financial resources of each of the parties;
- the commitments of each of the parties to support themselves and other persons;
- the eligibility of the parties for a pension, allowance or benefit;
- a standard of living in all the circumstances that is reasonable;
- whether payment would increase the earning capacity of the other party;
- the rights of any creditors;
- any contribution to the income, earning capacity, property and financial resources of the other party;
- the duration and impact marriage;
- the nature of cohabitation with any other person;
- the terms of any property settlement;
- the child support payable and being paid;
- the terms of any binding financial agreement;
- any fact or circumstances in the opinion of the court the justice the case requires to be taken into account.