What is Maintenance?

Posted under News Updates on 7 March 2016
  • 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
  • Every has a statutory (legal) duty to provide maintenance for his wife and every parent has the same duty to provide maintenance for the parent’s child
  • A party can formally apply to the Court to obtain a Maintenance Order which will formally order the husband or parent to provide maintenance to his wife or children
    • The wife has a right to claim maintenance from the husband regardless of her misconduc
    • However, a wife’s misconduct may affect the amount of maintenance that she is awarded by the Court
    • The duty to provide maintenance for the wife and child exists regardless of whether Divorce proceedings are ongoing (i.e. the husband / father has a duty to maintain his wife and children even when the marriage has not broken down and when the marriage has not been ended)
  • Maintenance can be paid by giving a monthly allowance or making a lump sum payment

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