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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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good night my wife has file for divorce after being separated

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good night my wife has file for divorce after being separated for 9 months, note she decided to move out.we are on good terms we talk sometimes , there's no hostility between us we have no children she's back in her parents house.the thing is the paper i've received from the lawyer is that she's applying for WIFE MAINTENANCE. my question is why do i have to pay if we are getting a divorce? she won't be my wife anymore. thanks in advance
The law under the Matrimonial Proceedings and Property Act Chap 45:51 provides that a spouse may receive maintenance if she has been left in a position that she will not be able to maintain the same standard of living that she had prior to the divorce.

Section 24(1) - A spouse may be entitled to maintenance especially when the other decides to leave his/her partner in a position that may impose a burden on society (benefits, etc.) i.e., disability or children. Most recent case at the time of posting: Ann-Marie Ramdhan v Peter Ramcharan, delivered on 22/06/2010.

This case is available at the courthouse. The question really will be whether your wife can go and earn any money to support herself. If not, then she may be entitled to spousal maintenance after the divorce, as provided by the laws.

However, this is not something that is automatic. If the divorce is by mutual consent and there is no infidelity or desertion on your part, and she is capable of working and taking care of herself, then the court may deny her request for spousal maintenance. You will need to file a written response with the court outlining the reasons why she is not entitled to spousal maintenance, or why she is asking for more money than she is entitled to, or if there should be other limitations that she has not stated in her request.

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Best Regards,
Zachary D. Norris
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