BRICKLEY & MODINE

This matter concerned an application by the wife for interim spousal maintenance. The husband received significant personal income protection insurance payments, and the wife demonstrated a need for financial support. The court was therefore required to determine whether the husband had the capacity to pay interim spousal maintenance to the wife.

The court considered the wife's demonstrated need and the husband's capacity to pay, which was evidenced by his substantial income protection insurance payments. The legal principles governing spousal maintenance applications, particularly the assessment of need and capacity, were central to the court's determination.

Ultimately, the court found that the husband had the capacity to pay interim spousal maintenance. Accordingly, the husband was ordered to pay the wife $565 per week in spousal maintenance pending further order. The matter was listed for directions, with the parties required to file a jointly drafted agreed statement of issues and an agreed minute of order prior to that hearing.