Spousal Maintenance
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.