Are you in the process of a Divorce and struggling financially? There may be a reasonable basis for you asking your spouse to contribute financially pending a final Order being made in relation to finances.
Maintenance Pending Suit
If your spouse will not make payments to assist you voluntarily then you can make an application to the Court for Maintenance Pending Suit. Maintenance Pending Suit is interim maintenance payable up and until the finances are finally resolved. This is different to Spousal Maintenance which can only be payable under a final Order.
Is there a limit?
There is no guide on what is an appropriate level of interim provision. In any application for Maintenance Pending Suit the Court must order what it thinks is reasonable having regard to the parties’ standard of living and their income and outgoings.
The general rule in these types of applications is that if you are successful in your application for Maintenance Pending Suit then your spouse will be ordered to pay your reasonable legal costs of making the application.
Free initial interview
The Hart Reade family department offer a free initial 30 minute interview to provide general advice and guidance in relation to your matter.
Contact us to book your free, no-obligation appointment or get in touch with one of our expert and approachable family law team: