Maintenance During A Marriage
During a marriage, a spouse can apply to Court to obtain maintenance from the other spouse for herself (only for wives) and/or the child(ren).
Maintenance is the financial support provided to pay for the reasonable costs of accommodation, clothing, food and living expenses required by a wife or child.
Some examples of common maintenance orders include:
Fixed monthly payments.
Reimbursement (repayment) of specific expenses, either in full or in part.
Direct payment of expenses to a service provider (such as a childcare centre or utilities provider).
Maintenance may also be backdated at the court’s discretion.
Documents to be provided are usually the list of expenses for the wife and/or children, and supporting documents to show the expenses such as receipts or invoices. There must be valid evidence of the said expense, and the expense must have been incurred first.
The Court, when ordering maintenance for a child will have regard to all the circumstances of the case including taking into consideration the following factors:
the financial needs of the child;
the income, earning capacity (if any), property and other financial resources of the child;
any physical or mental disability of the child;
the standard of living enjoyed by the child; and/or
the manner in which the child was being, and in which the parties to the marriage expected the child to be educated or trained;
For wives applying for maintenance from their husbands, the Court shall have regard to all the circumstances of the case including the following factors:
a. in the case of proceedings for divorce or nullity of marriage, the value to either of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage that party will lose the chance of acquiring.
b. the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;
c. the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
d. the standard of living enjoyed by the family before the breakdown of the marriage;
e. the age of each party to the marriage and the duration of the marriage;
f. any physical or mental disability of either of the parties to the marriage;
g. the contributions made by each of the parties to the marriage to the welfare of the family, including any contribution made by looking after the home or caring for the family; and
h. in the case of proceedings for divorce or nullity of marriage, the value to either of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage that party will lose the chance of acquiring.
In deciding the amount of maintenance, the court endeavours to place the parties, so far as it is practicable and, having regard to their conduct, just to do so, in the financial position in which they would have been in if the marriage had not broken down and each had properly discharged his or her financial obligations and responsibilities towards the other.
For civil marriages, the spouse can make an application with the Courts via the iFams website.
Should you need advice on obtaining maintenance during a marriage, you should consult an experienced divorce lawyer. Contact us at +6587802499 (whatsapp) for more information.
