Hi Annika,
There is no automatic entitlement to spousal maintenance, it is usually only payable if you cannot reasonably support yourself and your ex has the capacity to pay spousal maintenance. Generally you are required to try to come to some agreement with your ex regarding spousal maintenance before you go to court. However if you can't reach an agreement, you can apply to the court to make orders regarding maintenance. Do do this, you have to show that you need maintenance to survive and and that your ex can afford to pay it. The court will look at your:
- income, property, financial resources and debts;
- age;
- state of health;
- ability to earn an income (including whether this has been affected by the marriage);
- what is considered to be a suitable standard of living; and
- whether any children live with you or your former partner.
You must make an application for spousal maintenance within 12 months of your divorce becoming final.
Your divorce must be finalised, otherwise your husband would not be allowed to remarry. Do you have a signed agreement with your ex husband to pay spousal maintenance and study fees? And if yes, is he upholding that agreement?
