Spousal maintenance and adult child maintenance are two distinct legal concepts that deal with financial support following separation or divorce. Both involve obligations to provide ongoing financial support, but they apply in different contexts and have different legal frameworks.
Spousal maintenance refers to the financial support that one former partner may be required to pay to the other after separation or divorce.
A person can apply for spousal maintenance if they are unable to support themselves adequately after a separation or divorce and if the other party has the capacity to pay. To apply, the person seeking maintenance must show that they are unable to meet their reasonable expenses due to reasons such as age, illness, or caring responsibilities (e.g., for children).
There is no fixed duration for spousal maintenance, but the obligation can end if the recipient remarries, becomes self-supporting, or if the payer's circumstances change. Spousal maintenance can be modified by the court if there is a significant change in circumstances.
Adult child maintenance is less common than child support for minor children but can arise in specific circumstances where an adult child requires financial support. If parents separate, either parent can apply to the court for adult child maintenance, or the child themselves can apply (in cases of disability or other exceptional circumstances).
Generally, parents may be required to provide maintenance for an adult child if the child is unable to support themselves due to reasons such as:
Spousal maintenance is for a former partner, while adult child maintenance is for a child over the age of 18 who is financially dependent on their parents.
Spousal maintenance is based on the financial disparity between the two former partners, while adult child maintenance focuses on the child's inability to support themselves due to disability, education, or other similar reasons.
Spousal maintenance may last for a limited time and is dependent on changes in the recipient's circumstances. Adult child maintenance is usually linked to the child’s continued dependence (e.g., because of disability or full-time study) and can last until the child becomes self-sufficient.
If you're considering applying for spousal or adult child maintenance, it can be beneficial to seek advice to understand your specific situation, as both of these obligations can be complex and vary based on individual circumstances.
