Our expert says:
Family law expert
There is no automatic right to spousal maintenance after a divorce. Entitlement to maintenance must first be shown before a court can determine the quantum and duration thereof.
The reciprocal duty of support between spouses terminates upon divorce. The court may consider the following factors before making a spousal maintenance order:
- the means of each of the spouses;
- their earning capacities, financial needs and obligations;
- age of spouse;
- duration of the marriage;
- the standard of living to which the spouse is accustomed;
- their conduct regarding the breakdown of the marriage;
- other relevant factors.
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