Maintenance is often just called ‘support’. In a marriage, both partners have a duty to support each other and any children. It is usually the woman who takes care of the home and children more than the man. So the wife often cannot earn as much as the husband. Then the husband has a duty to support the wife and children with money to buy the things they need.

If they get divorced, the wife can claim maintenance for herself from the husband, at least until she finds a decent job. The court considers a number of factors to establish whether she can get spousal maintenance, like the duration of the marriage, whether she worked during the marriage, her age, what type of work she did/does, etc. She must always claim this money at the time of the divorce.

The wife and the husband can agree on what amount he will pay her. If they cannot agree, she should tell the court what amount she wants. If the court agrees that the wife should get maintenance, then the court will order the man to pay a specific amount. The woman can always ask the court to increase the amount later, if her needs change.

If the wife earns more than the husband, he can apply for maintenance from her at the time of the divorce.

Although religious marriages are not legally recognised, the courts have acknowledged the duty to maintain, a spouse can claim for maintenance from her deceased’s spouse’s estate, claim interim maintenance pending divorce and maintenance during marriage where they were married according to religious rites.