Maintenance Claims in Divorce Case
Divorce is never easy, especially when only one party wants it. In a single-sided divorce, also called contested divorce, the issues of financial support often become complicated. If you’re going through this, understanding your rights is crucial.
Maintenance Claims: What You’re Entitled To
As part of the divorce, one spouse may be required to pay maintenance. Maintenance covers financial support for the children and, sometimes, the other spouse. In Sarawak, if one parent has custody, the other may be ordered to contribute financially to the children’s education, living expenses, and medical needs.
For the spouse, especially in cases where one has been a homemaker or is financially dependent, the Court may order the other party to pay a lump sum or monthly payments as part of maintenance. This is to ensure that the financial burden isn’t placed solely on one party.
Q: How is maintenance calculated?
A: The amount of maintenance depends on several factors, including the paying spouse’s income/capability and the financial needs of the children and spouse.
Q: How is child maintenance decided?
A: Child maintenance is based on the child’s needs such as education, living expenses, etc. and the parent’s ability to pay. Usually Both parents have a legal obligation to support their children financially, subject to the financial capability.
Q: Can wife claims maintenance from husband?
A: Yes, if a wife has been financially dependent on the husband during the marriage, the Court may order the husband to pay wife maintenance. This can be a lump sum or monthly payments, depending on the final term stated on the Court Order, and subject to the wife’s needs and husband’s financial capability.
Q: Can husband claims maintenance from wife in a divorce case?
A: When there are exceptional circumstances, the husband has a chance to claim maintenance from the wife.
Q: How long does the wife maintenance last?
A: Wife maintenance continues until the wife remarries or pass away, whichever is earlier, unless specified period fixed and stated in the Court Order.
Q: How long does the child maintenance last?
A: Child maintenance usually continues until the child turns 18 or completed their tertiary education, whichever is later.
If you have any questions or require any additional information or clarification, please contact our lawyer that you usually deal with.