What does the court consider in an application for maintenance?

Maintenance is not automatic. In order to make an order that will be fair and just the court will consider such factors:

  • The age of the parties
  • The state and health of the parties
  • The income, property and financial resources of the parties
  • The physical and mental capacity of each of the parties
  • Whether either party has the care or control of a child or children of the marriage or the de facto relationship who has not yet reached the age of 18 years
  • Commitments of each of the parties to maintain themselves or a child or children of the marriage or the de facto relationship
  • The responsibilities of either party to support another person
  • The eligibility of either party to receive a pension, allowance or benefit
  • A standard of living that is reasonable
  • The duration of the relationship
  • The need to protect a party who wishes to continue in the role of parent
  • If either party is cohabiting with another person, the financial circumstances of that other person
  • If either party is bankrupt
  • The liability for payment by either party as to child support
  • The terms of any financial agreement that may be relevant
  • Any other fact or circumstance that, in the opinion of the court, the justice of the case requires to be taken into account

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