The main objective of providing maintenance is to support one’s ex-spouse and/or children financially. It can either be in the form of monthly payments or a lump-sum payment; most people prefer regular monthly payments. The court considers the financial income of both husband and wife before addressing the maintenance situation.
Conditions to consider when deciding on a maintenance amount:
Maintenance can be settled outside of a court between both separating partners. Considering this is often an emotionally challenging time, it can help to seek advice and guidance from a solicitor or mediator who can help you protect your interests as well as your children’s interests. Should maintenance be unsettled in a court, they may look at a variety of different conditions when making this decision.
Here are some conditions that are evaluated by the court when deciding on the maintenance amount:
- – Financial status of both the parties
- – The earning potential of the spouse that is providing the maintenance
- – The behaviour of both wife and husband during married life
- – Marriage length and other details
- – Details of separation
- – Age of both husband and wife
How to apply for the maintenance?
The maintenance agreements can be made in many different ways.
- – By the local District Court- the court will issue a maintenance order against the other party as a decree of divorce or separation agreement.
- – By FLAC (Free Legal Advice Centres)- they provide free legal services in civil and criminal issues for those who cannot afford to hire a solicitor.
- – By hiring a private solicitor, the spouse’s workload is substantially reduced, and solicitors will have additional defense options that always result in a better conclusion of your case.
How is the maintenance calculated?
In Ireland, there is no formula for determining maintenance. The court will consider income, earning capacity, property, and other financial means while determining maintenance. Currently, the district court can grant an amount up to €500 per week for another partner. While deciding on maintenance, the court will also consider whether any of the partners have any debt responsibilities or anyone who is financially reliant on them. The court may also determine how the other spouse will spend the money.
How long do maintenance payments last?
It depends on the length of the marriage. If the length of the marriage is more than 20 years, then the party has to pay for an unspecified period. But if it is less than 20 years, you have to do some calculations based on your wedding period.
If you are in need of any legal advice regarding divorce or maintenance payments, please reach out to Tallans Solicitors today.