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.