Maintenance issues: some questions on your mind

Legal Law

Am I entitled to receive financial support?

The court can order the husband to pay maintenance to his wife during or after the judgment of divorce, legal separation or annulment of the marriage. You do not need to file for divorce before applying for spousal maintenance.

A sick or incapacitated spouse or ex-spouse can apply for alimony if:

  1. Disabled by a physical or mental disability, before or during the course of the marriage

  2. Unable to earn a living as a result of disability

  3. Unable to support himself

How will the Court award alimony?

The court has wide discretion to decide the amount of alimony to be paid to the wife / ex-wife. Generally, the court will consider:

  1. The salary and earning capacity of each party in the past, present and future.

  2. The financial needs and obligations of each party in the future.

  3. The standard of living of each of the parties before the breakdown of the marriage.

  4. The age of both parties and the length of your marriage.

  5. Any direct or indirect contribution made by each of the parties to the home.

  6. Any loss suffered by each of the parties as a result of their marriage.

How long will the maintenance take?

Unless the support order is stated to be for a shorter period, or the order is rescinded, spousal support will last until:

A) In the case of non-guaranteed maintenance:

  • the death of your spouse or former spouse;

  • in the case of alimony payable to an ex-wife, her new marriage; gold

  • in the case of alimony payable to an incapacitated ex-husband, his new marriage; gold

B) In the case of insured maintenance:

  • in the case of alimony payable to the wife, her death;

  • in the case of alimony payable to a former wife, her death or her new marriage;

  • in the case of alimony payable to a disabled husband, his death; gold

  • in the case of alimony payable to an incapacitated ex-husband, his death or his new marriage.

When can I request more maintenance?

You can apply for an alimony variance with the help of a divorce attorney when there are substantial changes in circumstances. It is important that the change is a material change. This could be, for example, a serious medical condition, a significant increase or decrease in salary, or an accumulation of new wealth. Importantly, you cannot rely on self-inflicting adverse material change. An ex-spouse cannot avoid his obligation to pay alimony by deliberately reducing his own income or financial health. Similarly, the spouse to whom alimony is paid cannot use their own generous expenses as a reason for requesting an increase in alimony.

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