Spousal Maintenance
Spousal maintenance refers to financial support that is payable in some situations by one partner to the other upon separation. Maintenance is generally awarded for a limited period of time to allow the recipient to become self-supporting.
On occasion we act for clients who want to oppose an application for maintenance brought by their former partner. Earlier this year, for example, we helped a client successfully oppose his wife’s application for interim maintenance. Both parties were well-educated and had held high-paying jobs throughout the marriage.
On separation, the wife made the decision to leave her high paying job and return to tertiary study. The husband took a new, lower-paying job. The court held that it was not reasonable for the wife to voluntarily resign from her job immediately after separation and then plead poverty in her claim for maintenance. The court considered that a reasonable person would have taken advice from family, friends and a lawyer before making such a significant decision. Furthermore, the wife’s ability to readily find employment at a salary close to what she earned during the marriage meant that she could reasonably be expected to meet her own financial needs in the immediate future.
Our client was pleased with the result we obtained. The case also serves as a cautionary tale against making hasty decisions immediately after separation that could affect your future legal position and entitlements.
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