A consequence of marriage is that the reciprocal duty of support arises between husband and wife.
The Court may make a maintenance order, which it deems just for any period including up until the death or re-marriage of the party in whose favour the order is given, whichever occurs first. Rehabilitative maintenance is awarded to a divorcing woman, for a limited period, while she trains or re-trains for a job or profession. It is unlikely that maintenance will be awarded to an ex-wife who can support herself.
In making an order the Court will primarily weigh the need of the person to be supported against the resources of the person who is called upon to provide the maintenance. These resources may include the person's Pension Fund benefits.
Additional factors that the Court may take into account are:
Maintenance will not be ordered by reason solely of the fact that the parties were married to each other, and that one party is now unable to maintain the standard of living to which he/she has become accustomed to during the marriage.
