Definition of maintenance
The Maltese Civil Code [Chapter 16 of the Laws of Malta] unquestionably categorizes maintenance as including food, clothing, health and habitation. In spite of everything maintenance for children shall also encompass the required expenses for education.
In addition the above mentioned Act presents strict set of guidelines as to how the Maltese Courts shall decide on the amount of maintenance that must be received by the person claiming it. In fact, such act establishes that maintenance shall be due in proportion to the want of the person claiming it and to the means of the person liable to give such maintenance. Nonetheless, the person officially answerable to give maintenance can always ask for the amount to be reduced or to be free from such obligation if it will not be possible anymore for such person to provide for such maintenance. This divorce in Malta site will briefly discuss the subject regarding maintenance for the spouse and children.
Maintenance for children
Maintenance for children is an importance aspect that needs particular attention which requires to be provided for from when the children are born until they attain at least the age of majority. Maintaining children was unquestionably one of the major discussable subject matters during the enactment of the divorce law in Malta. Yet, our legislators continuously made sure, even during the enactment of the Malta divorce law, which law came into force in October 2011 that maintenance for children is catered for. The responsibility and accountability on the parents to provide maintenance for their offspring has to take place both during the course of marriage and also when the parents separate, divorce or take an annulment. Hence, the status of the parents and maintenance are two different things and thus, whether the parents are single, separated, divorced or widowed, they have an obligation to maintain their children for their entire lives. In essence, the Maltese Civil Code makes it clear that upon separation, annulment or divorce pronouncements, the maintenance for children must still be kept on to be given as according to law.
The government furthermore supports parents by supplying extra maintenance for children by granting the children’s allowance which allowance is fixed every three months to the person having legal care and custody of the children concerned. There are allowances for children with disability as well where a medical board examines the child in question to decide whether the disability falls within the provisions of the Social Act or otherwise.
Further to all of the above mentioned kinds of aid, the Department of Social Security, on behalf of the Government, gives an allowance to single mothers who are maintaining children. If they have the legal care and custody of their children, a form of relief is received by these single mothers every month provided that the said mother does not work at all or only works few hours because otherwise, the excess that they would be earning would be deducted from such relief amount they are entitled to. As a result, it is automatically recognized that maintenance and relief are essential for single mothers since relief is the only income they are receiving to be able to maintain their children. A complementary critical matter is that single mothers have the right to ask for maintenance for children from their father as in the case of separation, divorce or annulment.
There can be situations as well where the person having legal care and custody of the children might ask for some supplementary aid from the Government, over and above the maintenance for children from the other spouse, since the income for such person is usually very low when children and divorce or annulment are involved. Several schemes offered by the Government are Scheme A (Subsidy on Adaptation Works in owner occupied, privately rented or government rented residences), Scheme GALR (Grant Assistance on Loan Repayments) and Scheme GFR (Grant to Assist Owners in the Construction and / or Completion or Rehabilitation of their First Home).
This is a very complex issue and the dynamics change. Therefore each case has to be assessed in accordance with its own merits and also be looked upon separately in case of maintenance and relief.
Maintenance for the spouse
There can be circumstances during separation and divorce proceedings where any one of the spouses needs maintenance from the other spouse and this is another issue then maintaining children. A very much necessary point to talk about is that any spouse can ask maintenance from the other spouse which means that the husband can ask maintenance from his wife and also vice versa. As a matter of fact there are many cases where the husband asks for maintenance from his wife since his wife would be earning more than him. An issue that many people might not be aware of is that the Maltese Civil Code [Chapter 16 of the Laws of Malta] states that when maintenance for the spouse and for the children is asked, they shall rank equally for such maintenance.
A substantial matter to point out is that there could be clauses drawn up in a separation agreement that the maintenance is not varied by the pronunciation of divorce or annulment. Strictly speaking the right of maintenance is terminated upon the lapse of time as indicated in the law. Again all cases have to be taken by their own merits.
In spite of of every rule, a situation during marriage that will end the obligation on one spouse for maintenance for the spouse, is when the spouse receiving maintenance from the other spouse, abandons the matrimonial home and refuses to return home without a good reason or carries out an act of adultery.
Furthermore, when the spouse receiving maintenance remarries after the pronouncement of divorce, such spouse must forfeit such right to receive maintenance from the other spouse for it to end. However if a spouse receives a lump sum upon pronouncement of divorce and this spouse decides to remarry, this spouse is in no way obliged to give back the amount received from the other spouse.
In contrast, there may also be situations where both spouses decide to renounce to such right to ask for maintenance from the other spouse since in today’s world; both spouses are often financially independent.
Likewise, upon the pronouncement of annulment, there is no right for any of the spouses to ask for maintenance for the spouse since such marriage would be declared null and void so, since these spouses would be declared as they have never been married then it would not make sense for the maintenance issue to arise at all.