The Family Court recently extended interim spousal maintenance for a woman, despite three years having passed since her separation from her ex-partner.

Background

The couple agreed they were together for at least four years, with their relationship ending in 2019. Disputes arose over the reason for their separation: the ex-partner claimed it was due to the woman’s drug problem, while she attributed it to his infidelity. She also alleged that his spread of “vicious rumors” about her drug use forced her to leave the community and find work elsewhere.

Initial Maintenance Award

The woman was initially awarded interim spousal maintenance of $1,345 per week for six months, two and a half years after their separation.

Request for Extension

Upon the expiration of the initial maintenance order, she applied for an extension of another six months. Interim spousal maintenance aims to support individuals until a substantive hearing can be held. The Court considers several factors when awarding it:

– Protecting individuals who cannot sustain themselves until a full hearing.

– The justice of maintenance based on the case’s circumstances.

– The reasonable means and needs of the applicant.

– The living standards of the parties before separation.

– The expectation that parties should be able to self-sustain within a reasonable period.

Court’s Considerations

The woman argued her career was established in the original community but was ruined by her ex-partner’s rumors, necessitating her move. Pursuing further education, she lacked the capacity to earn enough income. The Judge found no evidence that her studies would substantially increase her income or that she had explored alternatives like part-time study and increased work hours.

Decision

The Court focused on whether the division of roles within the relationship caused her financial instability, which couldn’t be determined from the available facts. Despite deciding she could sustain herself within a reasonable period, the Court acknowledged she shouldn’t be disadvantaged by a sudden cessation of maintenance payments. Consequently, the Court granted an additional two months of interim spousal maintenance, instead of the six months sought.

Implications

This case demonstrates the Court’s willingness to grant necessary relief even after a significant time has passed since separation.

Seeking Legal Advice

If you believe you have a claim for spousal maintenance, it’s crucial to seek advice from an experienced professional. Leading law firms offer fixed-price Initial Consultations to help clients understand their options quickly and cost-effectively.