When is spousal maintenance denied?

Spousal maintenance is not guaranteed in divorce. A court has a duty to consider a clean break in every case. This means that a court would try to resolve financial matters so the parties can move forward without any ongoing financial ties.

Spousal maintenance is not about equalising or sharing incomes. It is primarily driven by meeting the needs of the financially weaker party.

Spousal maintenance would not be granted if a court felt the spouse seeking maintenance had the ability to support themselves financially. It may also be refused if the spouse seeking maintenance had not made reasonable efforts to become self-sufficient.