What is an essential requirement for a spouse to receive maintenance?

To qualify for maintenance, a spouse must demonstrate an inability to meet their reasonable needs through employment. This entails showing that, after the divorce, they do not have sufficient income or financial resources to support themselves adequately, hence necessitating the support from the other spouse.

Maintenance is intended to provide financial support to ensure that a lower-earning or non-earning spouse can maintain a standard of living reasonably comparable to that enjoyed during the marriage. The assessment of one’s need is typically based on factors such as the length of the marriage, the recipient’s financial situation, their earning potential, and the standard of living established during the marriage.

Other options do not align with the typical legal standards for receiving maintenance. Proof of marital misconduct or fault is not a prerequisite for maintenance in most jurisdictions, as the focus is on financial need rather than the reasons for the marriage's dissolution. Similarly, being the primary breadwinner does not automatically entitle a spouse to receive maintenance; it’s the recipient's inability to meet their needs through employment that is pivotal. Therefore, establishing an inability to earn sufficient income is the critical factor for awarding maintenance.