CATO & CATO

In the matter of *Cato & Cato*, heard before Rees J, the wife sought interim spousal maintenance and an interim property settlement. The wife contended she was unable to support herself due to her inability to secure employment, and her claimed expenses included those of the children. The husband acknowledged an ability to pay approximately $1,000 per week. The wife also sought a lump sum payment of $120,000 by way of interim property settlement.

The court was required to determine whether to grant the wife's application for interim spousal maintenance and, if so, on what basis, and whether to grant her application for interim property settlement. A key issue in the spousal maintenance claim was the inclusion of the children's expenses within the wife's asserted needs. Regarding the property settlement, the court had to consider whether the wife was likely to receive a property settlement sufficient to cover the lump sum advance she sought.

Rees J found that the children's expenses must be disregarded when assessing the wife's claim for spousal maintenance. The court ordered that the husband pay spousal maintenance of $1,000 per week. In relation to the property settlement, the court was not satisfied that the wife would receive a property settlement sufficient to cover the lump sum advance sought, and therefore dismissed her application for interim property settlement.