Maintenance for a spouse depends on a number of factors - principally the
potential receipient's needs, own income and ability to earn income. For many
years the Court's starting point remained that set out in the 1973 case of
Wachtel v Wachtel of one third of the parties' gross income. The Courts have
however gradually been moving away from that principle and are looking more
closely at net available income. In the 1998 case of Scheeres v Scheeres the
Court of Appeal stated that "50% of net income was becoming the norm for a
spouse and children."
If spousal maintenance is appropriate, it is paid by the spouse with the
higher income to the spouse with the lower income, who may be either the wife or
the husband.
Judges have a wide discretion to do justice between the parties and each case
is still decided on its particular merits. Inevitably when there are two
households to maintain there is never enough money to go round.