The Courts will consider both parties’ circumstances in granting spousal maintenance, and this will be determined on the facts of the case. Clear and strong evidence will need to be presented to the Court to satisfy them that spousal maintenance is necessary and possible in a case and therefore necessary to be included in the Court orders.
The purpose of spousal maintenance is to ensure the property settlement reaches a just and equitable outcome and that no party to the proceedings is left at a significant disadvantage.
For spousal maintenance, this must be enacted within 12 months of divorce being made final if you were married.
For de factor maintenance, this must be enacted within 2 years from the breakdown of the de factor relationship.
If the timing for application has ceased, you would need to apply for special permission from a Court however this is not always granted.