Judicial Separation and Family Law Reform Act, 1989

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Provisions relating to maintenance, property and other orders.

20.—(1) In deciding whether to exercise its powers under section 13 , 14 , 15 or 16 (a) or (b) of this Act and, if so, in what manner, the court shall seek to ensure that such provision is made for any spouse and for any dependent child of the family as is adequate and reasonable having regard to all the circumstances of the case.

(2) As regards the exercise of the powers of the court under section 13 , 14 , 15 or 16 (a) or (b) of this Act in relation to a spouse, the court shall in particular have regard to the following matters—

(a) the income, earning capacity, property and other financial resources which each of the spouses has or is likely to have in the foreseeable future;

(b) the financial needs, obligations and responsibilities which each of the spouses has or is likely to have in the foreseeable future;

(c) the standard of living enjoyed by the family before proceedings were instituted or before the spouses separated, as the case may be;

(d) the age of each spouse, the duration of the marriage and the length of time the spouses lived together;

(e) any physical or mental disability of either spouse;

(f) the contributions which each of the spouses has made or is likely in the foreseeable future to make to the welfare of the family, including the contribution made by each spouse to the income, earning capacity, property and financial resources of the other and any contribution by looking after the home or caring for the family;

(g) the effect on the earning capacity of each spouse of the marital responsibilities assumed by each during the period when they lived together and, in particular, the degree to which the future earning capacity of a spouse is impaired by reason of having relinquished or foregone the opportunity of remunerative activity in order to look after the home or care for the family;

(h) any income or benefits to which either spouse is entitled by or under statute;

(i) the conduct of each of the spouses, if that conduct is such that in the opinion of the court it would in all the circumstances be repugnant to justice to disregard it;

(j) the accommodation needs of either spouse.

(3) The court shall not make an order under section 13 , 14 , 15 or 16 (a) or (b) of this Act for the support of a spouse where the spouse has deserted and has continued to desert the other spouse up to the time of the institution of proceedings for a decree of judicial separation unless, having regard to all the circumstances (including the conduct of the other spouse), the court is of opinion that it would be repugnant to justice not to make such order or orders.

(4) As regards the exercise of the powers of the court under section 13 , 14 or 15 of this Act in relation to any dependent child of the family, the court shall in particular have regard to the following matters—

(a) the financial needs of the child;

(b) the income, earning capacity (if any), property and other financial resources of the child;

(c) any physical or mental disability of the child;

(d) any income or benefits to which the child is entitled by or under statute;

(e) the manner in which he was being and in which the spouses expected him to be educated or trained;

(f) the considerations mentioned in relation to the spouses in subsection (2) (a), (b), (c) and (e) of this section;

(g) the accommodation needs of the child.

(5) In this section “desertion” includes conduct on the part of one spouse that results in the other spouse, with just cause, leaving and living apart from that other spouse.