Spousal maintenance is necessary to ensure that financial stability is maintained for a specific period after a relationship breakdown. This is overseen by a family law court.
General spousal maintenance requires proof that one party needs support because they cannot work or do not earn enough to sustain their costs of living. It should also be ascertained that the other party has the capacity to contribute to those costs of living.
It is seldom that an agreement on spousal maintenance is reached before a property settlement is agreed to. Often, an application to a family law court becomes necessary for the court to decide whether spousal maintenance must be paid.