The claim for maintenance is handled by the Family Justice Courts.
How does the Courts decide on the quantum to award?
The court decides on the quantum to award after considering the following factors:
- The financial needs of the wife
- The income, earning capacity, property and other financial resources of both parties
- The wife’s physical or mental disability
- The respective ages of husband and wife and the duration of the marriage
- The financial and non-financial contributions made by each spouse to the welfare of the family
- The standard of living enjoyed by the wife
- The conduct of both spouses, if the conduct is such that the court is of the opinion that it is inequitable to reject it.
Should there be any variations in the situation of the child or parent, the law enables an application to be made to the court to vary a maintenance order. However, the availability of this variation is premised on a significant change in circumstances.