Rilak and Tsocas

In the matter of *Rilak and Tsocas*, heard before Fowler J, the dispute concerned interim spousal maintenance. The wife sought an order for maintenance and support from the husband pending the final determination of property settlement proceedings.

The primary legal issue before the court was whether to grant an interim order for spousal maintenance, and if so, on what terms. The court was required to consider the wife's need for financial support during the period before the final resolution of the property matters.

Fowler J ordered that the husband pay the wife $400 per week for her maintenance and support, payable monthly in advance, commencing from 1 May 2013. Crucially, the court stipulated that the nature of these interim payments was to be considered by the trial judge at the final hearing. This would allow for the payments to be credited, in whole or in part, against the wife's ultimate entitlement to the settlement of property, thereby ensuring that the interim support did not prejudice the final property division.