Question about Nullity/Divorce + Maintenance

[sws4567]

After a marriage has ended (either through nullity or divorce), and the parties are negotiating maintenance for the wife, I was wondering how the court normally decides maintenance in the event both parties have a job and some money, but the man makes more than the woman?

I'm not talking about division of assets they acquired together; it seems in most cases those are divided evenly. I'm talking about ongoing maintenance payments.

Let's say a husband is making 300k/yr. and the wife is making 100k/yr., would the wife still have reasonable grounds for asking for maintenance?

And in another case it is 150k/yr vs. 50k/yr., would that wife be more likely to get a higher percentage?

I guess the question really is...are the maintenance decisions generally based on proportion (i.e., straight percentages), or are there ceilings above which the court becomes less likely to award maintenance at all? Or is it really a case of "every situation is unique"?

 

[sgbabydoll]

I would like to remind that there is a host of factors that the judge will take into consideration on ruling maintenance.

In determining maintenance, the court looks at the following factors:
1. The wife's financial needs;
2. The income, earning capacity, property and financial resources of both parties;
3. The wife's physical or mental disability, if any;
4. The respective ages of husband and wife and the duration of the marriage;
5. The financial and non-financial contributions made by each spouse to the welfare of the family, including looking after the home or caring for the family;
6. The standard of living enjoyed by the wife; and
7. The conduct of both spouses, if the conduct is such that the court is of the opinion that it is inequitable to disregard it.

The above pointers are extracted from Foo Siew Fong's "When marriages break down: Rights, Obligations and division of property". Take a read if you have time. You should be guided by a lawyer on seeking maintenance if you can afford legal advice.

 

[betty81]

in case of a nullity, dont think there will be any maintenance as nullity means the marriage never took place. maintenance only comes in when there is a divorce. if the wife claims that she cannot sustain her lifestyle without the support of the hubby, then there may be a maintenance...

having said that, the judge also takes into account what caused the marriage to break down.