Decision 2109/2567 (2024): Interim Spousal Maintenance Granted
While a divorce case was still pending, the wife requested temporary monthly maintenance because she lacked independent income. Relying on section 1461 CCC, the Supreme Court ordered the husband—who had substantially higher earnings, to pay support until the final judgment.The ruling confirms that a spouse’s duty of support continues throughout the litigation process, not just after the marriage ends.
Practical impact
- Interim alimony can be claimed before a divorce decree if need and ability are shown.
- Failure to provide support may itself supply a ground for divorce under section1539 (8).
- Courts tailor the amount to income, assets, and standard of living.