ABSTRACT

The payment of maintenance post-divorce is a divisive issue. This chapter analyses the contrasting rationales underpinning the ordering of post-divorce support, dissecting their strengths and weaknesses. This involves a comprehensive review of the legal authorities in this area. Consideration is then given to the statutory provisions in place governing financial relief following the granting of a decree of divorce, specifically addressing maintenance orders. The mandatory statutory criteria that the courts are to regard in determining whether to make a maintenance order and the appropriate level of any order ultimately made are reviewed. Finally, the duration of spousal support is also assessed, as is the ability to subsequently apply to vary maintenance orders made upon a divorce.