SPOUSAL MAINTENANCE (EXAMINABLE)

Question 1

novelty

history statute?

prov? 5 ground for maintenance + 3 for lapsing

Answer 1

novelty: s.25 of the matrimonial causes act only said women were entitled to spousal maintenance

s.77- for both spouses
1. spouse has refused or neglected to provide for the spouse or formal spousal as required by this act
2. spouse has deserted the other spouse or former spouse for as long as the desertion continues.
3. during the course of any matrimonial proceedings
4. decree of separation or divorce
5. decree of presumption of death, the spouse or former is found alive.

s.78- lapsing of maintenance
1. if the maintenance was unsecured, on the death of the spouse;
2. if the maintenance was secured, on the death of the spouse in whose
favor it was made;
3. where the person being maintained is subsequently able to support
himself or herself.

Question 2

decree of divorce? what next

Answer 2

spousal of maintenance

Question 3

grounds considered by the court for spousal maintenance - 9

+

cases - 7 cases

Answer 3

1. needs
2. fairness
3. elements of compensation
4. equal sharing
5. kids; any?
6. how long was the marriage for?
7. incomes? how much?
8. the conduct of the parties? doctrine of approbation
9. capacity to work in future

cases:
1. WMM V BML - COURT’S DISCRETION
2. WELV JML - if you can support yourself well and good do so.
3. MEL V GLM - after 18 years goes to court - the doctrine of approbation
4. MSA V KMKA
5. MSV V SJV - SM is not a payout
6. WN V PS - award of temporary alimony pending a suit (temporary)
7. PKM V RPM (Moi case)- financial status needs to be proved through an affidavit