Family and Personal Law
These are the most common questions we have encountered in our practice areas. For your convenience, the questions along with the answers are merely intended for informational assistance. Every person’s problem is unique and deserves individualized attention.
For direct answers to your specific personal questions, please contact us directly.
I have been reliant on my spouse for financial support. Now that we are getting divorced I’m worried about how to get by every month?
Enquire with your attorneys whether this issue can first be discussed with your spouse to see if your spouse will agree to pay voluntary maintenance to you. If they are unwilling to do so, then the recommended route to take would be a Rule 43 application in the High Court as this application allows for an order for interim spousal maintenance until a final divorce order is made at trial or following settlement.
(click the link here to visit our page on Rule 43 applications for more information)
(click on the following link here to be taken to our user-friendly online income and expenditure form to determine what monthly maintenance you need)
You can also bring a maintenance application in the maintenance court, but it will typically take several months before a maintenance order is made. If you proceed with this option then it is important to request the maintenance court at the first informal enquiry make an interim maintenance order until the matter is finally dealt with.
After the divorce, am I still entitled to maintain the same standard of living that I was used to during our marriage?
Unfortunately not. Remember that you are both now living apart from one another, and you each now have to cover more expenditure individually than you had to before. Any spousal maintenance included in the divorce order will only extend towards covering your reasonable expenditure needs, and not towards your luxurious expenditure. If you are used to a higher standard of living, you will need to either cut back on your expenses or find the means to earn the income needed to cover these expenses. It is recommended that you plan ahead for this during the course of the divorce itself. Ask us how to do that and we will assist you.