Spousal maintenance is an amount awarded by the Courts to be paid by the spouse with higher financial means to the spouse with the lower financial means when a couple divorces. It is only awarded if one party cannot support themselves without payments from the other.
The maintenance amount depends principally on the recipient’s needs, income and ability to earn income, as well as the payer’s financial position. There are no set formulas for calculation.
Spousal or wife maintenance may be paid on a regular, normally monthly, basis or as a single lump sum. If maintenance is paid in a lumpsum, each spouse becomes financially independent of the other thereafter and will not be able to make future financial applications against the other. This is known as a Clean break Arrangement.
The main advantage of a clean break is that it brings certainty to both parties knowing that no further applications can be made. The flip side would be that the lumpsum award cannot be varied at a later date to cater for any changes in circumstances.
If maintenance is paid on a periodic basis, it can be changed to take into account developments in the parties’ circumstances, for example, if the recipient remarries.
To ensure that you get the best possible representation in matters relating to spousal maintenance, call us for a free initial telephone consultation at 62203400 or request a call-back. Our lawyers have extensive experience and will be able to advise you on every aspect of the issue.