You’ve decided that your relationship is over. A hard decision to make but sometimes hard decisions just have to be made, for your sake and the sake of your children.

How are you going to survive after the breakup? You or your partner might be struggling financially after the breakup and find it difficult to support themselves. After all your household might have gone from two incomes down to one or it might be the case that the only income in the household has left with your partner.

If this is a consequence of your breakup, then it is important that you and your partner come to an agreement about spousal maintenance.

What is spousal maintenance – put simply it is a payment by one partner to the other partner. Spousal maintenance can be by way of a lump sum payment or a regular weekly/fortnightly/monthly payment.

In these, and other circumstances, you or your partner may apply for spousal maintenance. If you and your partner cannot come to an agreement as to the appropriate payment of spousal maintenance then a court can make an order for payments to be made.

Factors which can be taken into account when deciding whether spousal maintenance should be paid can include:

• A person’s work skills and employment history
• Relevant education levels
• The age of the parties
• The health of the parties
• Childcare plans and time commitments
• The maintenance of a reasonable standard of living

A court will take into account, the needs of the party making the application for spousal maintenance and the ability of the other party to make the payments. You cannot get something from nothing. There has to be a source from which the spousal maintenance can be paid. If you have re-partnered then the financial position of your new partner can be taken into account. As to the party who might be required to make payments, the court will look to see how much the party can actually pay after taking into account their living expenses and other financial commitments.

Going to court does not come with guarantees – you or your partner might not get what you want. What you consider to be fair and reasonable may not be the outcome. The court has a discretion to decide what amount is to be paid in each claim for spousal maintenance as each claim will turn on its own fact pattern.

It is always much better for all concerned if separating couples seek to come to an arrangement because it is better to agree rather than run the risk that you might not get what you think you deserve by going to court and you must always remember you then have to add the expense of going to court into the decision you make.