Ireland

Can I apply for maintenance after divorce?

s. 13
Relevant section
1996
Enactment year
Lifetime
Duration possible
Fair provision
Legal test
The Short Answer

Yes, you can apply for maintenance after divorce in Ireland under the Family Law (Divorce) Act 1996.

What the Law Says

The Family Law (Divorce) Act 1996 gives courts the power to order maintenance for a spouse after divorce.

After a divorce is granted, either spouse may apply to the court for financial provision — including periodical payments (maintenance) — from the other spouse. The court must consider all the circumstances of the case, especially the financial resources and needs of both parties, their ages, health, standard of living during the marriage, and contributions made to the family.

There is no automatic right to maintenance, but the court has broad discretion to make an order it considers 'just and equitable' — often described as ensuring 'fair provision'. Maintenance orders can be for a fixed term or for life, depending on need and fairness.

Statutory Text

On granting a decree of divorce, the court may, on the application of either party to the marriage, make such order as it thinks proper for the provision of maintenance for either party.

Family Law (Divorce) Act 1996, s. 13 — Maintenance on divorce

What to Do

1

File an application for maintenance in the Circuit Court or High Court (depending on complexity and value of assets).

2

Gather full financial disclosure: income, assets, debts, living expenses, and evidence of need.

3

Attend mediation if required — courts encourage resolution outside court where appropriate.

4

Be prepared to show how the order meets the legal test of 'fair provision' under section 13.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.