Maintenance for Married Persons

RELEVANT LEGISLATION

Matrimonial Proceedings and Property Act Ch 45:51 (MPPA):

Part II of the Trinidad and Tobago MPPA permits married persons who are or have been engaged in divorce proceedings to make an application to the High Court for maintenance. Section 23 of the MPPA empowers the High Court to make an order for maintenance for a spouse during court proceedings where a petition for divorce, nullity of marriage or judicial separation has been filed at the Court, starting from the date the petition is filed and ending when the matter is resolved. Such maintenance usually takes the form of periodical payments known as “maintenance pending suit”.

Where the High Court has granted a decree of divorce, a decree of nullity of marriage or a decree of judicial separation, it may, or at any time thereafter (either at the time of the decree or later, whether before or after the decree becomes absolute), make any one or more of the following orders under Section 24 of the MPPA:

“(a) an order that either party to the marriage shall make to the other such periodical payments and for such term as may be specified in the order;
(b) an order that either party to the marriage shall secure to the other, to the satisfaction of the Court, such periodical payments and for such term as may be so specified; 
(c) an order that either party to the marriage shall pay to the other such lump sum as may be so specified.”

Where an order for a lump sum payment is made, the Court may provide for the payment of that sum by instalments. The lump sum may also include liabilities and expenses reasonably incurred by the applicant in maintaining himself/herself or any child of the family before making the application.

Family Law (Guardianship of Minors, Domicile and Maintenance) Act chap 46:08 (FLA):

Section 24 in conjunction with Section 25 of the FLA permits either party to a marriage to make an application to the Magistrate’s Court for their district (now District Courts) for an order for the payment of a periodical sum or lump sum towards their maintenance.

Section 24 of the FLA allows such an application to be made on the ground that the other party to the marriage —

“(a) has failed to provide reasonable maintenance for the applicant; or 
(b) has failed to provide, or to make a proper contribution towards reasonable maintenance for any minor child of the family; or 
(c) has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent; or 
(d) has deserted the applicant.”

Under both Acts, the Court may make such maintenance orders for a specified term (which may vary in each case), being a term beginning not earlier than the date of the making of an application for the said order. However, such maintenance orders cease to have effect on the death or remarriage of the party in whose favour it was made.

HOW TO APPLY

Who can apply?

Either party to the marriage.

Under MPPA:

A Form 8 Application for financial relief and an affidavit in support of same are required to be filed. You will need the assistance of a lawyer to prepare and file these documents as well as all other related documents.

The Application will be made to the High Court at one of the Family Courts located at Port of Spain, Princes Town or Tobago.

Under FLA:

An email should be sent to the District Court or Family Court for your area informing the Court that you desire to apply for maintenance for yourself. This email should include:

1. Names, addresses, and contact numbers of the applicant and the other party.
2. A copy of the Applicant’s National Identification card or Driver’s Permit.
3. A copy of your Marriage Certificate.

A representative of the Court should contact you to assist you further with the making of your application.

Once your application has been made and you have received details of your case, you can either retain your own lawyer or visit any Legal Aid and Advisory Authority Office to apply for legal aid to obtain legal representation in your matter.

The email addresses for the various Courts can be found on the Judiciary’s Website at https://www.ttlawcourts.org under the tab “Court Services Directory”.

SOME FACTORS CONSIDERED BY THE COURT INCLUDE:

1. The income, earning capacity, property, and other financial resources that each of the parties to the marriage has or is likely to have in the foreseeable future;
2. The expenses that each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the parties to the marriage before the occurrence of the conduct which is alleged as the grounds of the application; and
4. The age of each party to the marriage and the duration of the marriage.

MODE OF PAYMENT

Payments can be made via:

1. CourtPay (the Judiciary’s online system for making and receiving payments into and out of Court), or
2. Deposit into applicant’s bank account.