- Marriage creates a reciprocal duty of support, that is to say either spouse could be ordered to pay maintenance depending on the circumstances.
- In marriages of long duration where one spouse has not worked for some time the court may order maintenance to be paid until death or remarriage.
- In marriages of short duration where a spouse has not worked the court may award maintenance for a time to allow that spouse to reestablish work or income.
- Where both spouses are able to work and support themselves there is usually no need to pay maintenance
- If a spouse cannot work due to mental or physical disability this would give rise to a maintenance claim.
Posted in: Family Law