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Spousal Maintenance

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Under the law a person has a responsibility to financially assist his or her spouse if that spouse cannot meet his or her reasonable expenses from their own income or assets. Where the need exists, both spouses have an equal duty to support and maintain each other as far as they can. This obligation continues even after separation and divorce. The extent of the support depends on what the other spouse can afford to pay. This means that in deciding a maintenance application, the Court takes into account the needs of the party seeking to be paid maintenance and the other party's capacity to pay.