The court will order Spousal Maintenance to be paid by one party to the other if it feels that such periodical payments are necessary to achieve a fair settlement.
Spousal Maintenance is likely to be ordered when: - the financially weaker party is unable to earn enough themselves to cover their essential outgoings
- one party earns significantly more than the other (it varies but the cut-off is sometimes thought of as where one party earns twice as much or more than the other)
It is impacted by any capital settlement. i.e. if you are awarded 100% of the Former Matrimonial Home then your outgoings are less (assuming no mortgage) which lowers you need for SM.
