IrelandI want maintenance from my spouse during separation.
You can apply to court for maintenance from your spouse during separation under the Family Law Act 1995. The court will consider both spouses’ financial needs and resources when deciding the amount.
What the Law Says
The Family Law Act 1995 gives separated spouses the right to seek financial support — called 'maintenance' — from each other while living apart but still married.
Section 7 of the Family Law Act 1995 allows either spouse to apply to court for maintenance during separation. This applies whether you’re separated informally or under a formal separation agreement.
The court must consider all relevant circumstances, especially each spouse’s income, earning capacity, property, financial needs, and responsibilities (e.g., caring for children). There is no automatic entitlement — the judge decides based on fairness and need.
Maintenance can be ordered as a regular payment (e.g., weekly or monthly) or as a lump sum. It ends if you divorce, remarry, or if the court later discharges or varies the order.
Statutory TextOn application by either spouse, the court may make an order requiring the other spouse to make periodical payments to the applicant spouse for his or her maintenance.
— Family Law Act 1995, s. 7 — Maintenance during separation
What to Do
Confirm you are legally separated (living apart — no need for formal agreement)
Gather financial documents: payslips, bank statements, rent/mortgage details, and expense records
File an application in the Circuit Court (or District Court for smaller amounts — up to €15,000 per year)
Attend court hearings and be prepared to explain your financial needs and your spouse’s ability to pay
If granted, ensure the order is properly served and monitor payments
Sources
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US-New YorkNot 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.