There is a legal responsibility for both spouses to maintain each other and any dependent members of their family in accordance with their means. Maintenance can be ordered to be paid to a spouse for their own benefit or for the benefit of a child who is under the age of eighteen or twenty three if the child is in full time education.
If a child has a mental or physical disability to such a degree that it would not be possible for that child to maintain him or herself, then there is no age limit for seeking maintenance for their support.
If parties cannot agree upon maintenance, either party can apply to the Court for a Maintenance Order.
Each party must disclose in full their finances to the Court. The Judge has to consider all of the family’s circumstances, assets, income etc. when making a Maintenance Order.
For more information on maintenance, contact Susan Webster here.