Types of Maintenance Available under TRNC Law

Purpose of maintenance

Maintenance helps meet the reasonable living needs of a spouse or children during marriage proceedings or after divorce. Type, amount and duration depend on income, earning capacity, needs, the children’s age and education, and the facts of the case.

Main claims

• Interim maintenance: temporary support for a spouse or children while proceedings continue.
• Spousal maintenance: under section 30(2)(B), support for a spouse who would fall into poverty or financial difficulty after divorce, even where the other spouse is without fault.
• Child maintenance: under section 30(2)(C), a separate contribution by the non-custodial parent to each child’s living, housing, education and care costs.
• Education maintenance: support that may continue after age 18 during secondary or undergraduate education, ending if undergraduate study exceeds one and a half times its ordinary duration.

Amount and adjustment

The court considers not only declared salary but also regular income, assets, real expenditure, liabilities and documented child-related costs. Section 30(5) provides for an order increasing maintenance every three months by the cost-of-living rate determined by the State Planning Organisation. The order may be reviewed if circumstances change.

Useful documents

• Income and bank records
• Rent, health, school and care expenses
• Evidence of special educational or medical needs
• Regular expenditure showing the existing standard of living