The court has a very wide discretion and can make a whole host of orders.
When deciding whether to grant a spousal maintenance order, the court will have regard to those factors listed within section 25 MCA 1973, namely:
(a) The income and earning capacity that each of the parties has or is likely to have in the foreseeable future;
(b) Earning capacity, any increase in that capacity that it would be reasonable to expect the parties to take steps to acquire;
(c) The financial needs, obligations and responsibilities that each of the parties have or are likely to have in the foreseeable future;
(d) The standard of living enjoyed by the family before the breakdown of the marriage or civil partnership;
(e) The age of the parties and the length of the marriage or civil partnership;
(f) Any physical or mental disability either of the parties has;
(g) Contributions made, or likely in the foreseeable future to be made, to the welfare of the family, including any non-economic contribution;
(h) Conduct, if that conduct is such that it would, in the court’s opinion, be inequitable to disregard it;
(i) The value of any benefit that either party will lose the chance of acquiring;
The court must consider whether a clean break can be achieved immediately or over time.
The court will want to make sure any order made is fair.
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