Merrill and Burt (No 2)

In *Merrill and Burt (No 2)*, Berman J of the Family Court of Australia considered an application by the respondent husband for interim spousal maintenance against the applicant wife. The wife opposed the application.

The central legal issues before the Court were whether the husband had a need for spousal maintenance and, conversely, whether the wife had the capacity to provide such maintenance. The Court also considered the appropriate legislative basis for an interim order, noting that while the application was framed under s 90SG of the *Family Law Act 1975* (Cth), it would be more appropriate to make an order for interim spousal maintenance pursuant to s 90SF of the Act, as the matter was not considered urgent.

Berman J found that the wife had the capacity to maintain the husband, notwithstanding her limited income, by drawing upon her capital. The Court reasoned that the wife's financial position allowed for her to meet the husband's needs for interim maintenance.

Consequently, the Court ordered the wife to pay interim spousal maintenance to the husband in the sum of $1,024 per week for seventeen weeks, totalling $17,408.