A needy spouse during divorce can obtain maintenance

In its response published on June 16, 2020, the Department of Justice outlined how the Family Court Judge determines the amount of support as part of a spouse's duty to provide assistance. He shall assess the standard of living to which the spouse receiving the pension is entitled in the light of his or her spouse's financial means.

The purpose of this pension is not only to provide for the needs of everyday life (housing, current expenses, health care, etc.) during the divorce proceedings. It must also aim, in view of the multiplication of incompressible fixed loads and the costs induced by separation, to maintain a standard of living as close as possible to that of the time of common life.

It is thus intended to ensure a certain balance between the lifestyles of each of the spouses during the divorce proceedings.