An Order in respect of maintenance can be made in the context of Separation/Divorce proceedings.
An existing maintenance Order in the District Court can be vacated at the time of applying for a Judicial Separation or Decree of Divorce by the Circuit Court or the High Court.
Or indeed an existing maintenance Order following a Judicial Separation can possibly be varied in the context of Divorce proceedings.
Maintenance can be awarded to a spouse for their own benefit or for the benefit of a dependent child who is under 18 or, 23 if in full time education or suffering from a mental or physical disability to the extent that he or she cannot maintain himself or herself.
Obviously the Court must take into account the circumstances of both spouses at the time of making any Order in respect of maintenance for either spouse or child or both.
Maintenance is not an automatic entitlement of a spouse and is very much dependent upon the individual circumstances.
Both parties will be required to make financial disclosure by completing an Affidavit of Means prior to any Order being made in respect of maintenance.
Currently the District Court can award a maximum of €150 per child per week and a maximum of €500 to a spouse per week.
Please see the other links relating to our Family Law pages.
