Civil Code (Cap. 16), article 54

54. (1) The spouse against whom the separation is pronounced shall not, as a result of such separation, be relieved from the obligation of supplying maintenance to the other spouse, where, according to the provisions of Sub-title I of this Title, such maintenance is due. (2) The amount of maintenance referred to in sub-article (1), and the maintenance due to children in the event of separation, shall be determined having regard to the means of the spouses, their ability to work and their needs, a nd regard shall also be had t o all the other circumstances of the spouses and of the children, including the following: (a) the needs of the children, after considering all their circumstances; Cap. 413. (b) any disability, as defined in the Equal Opportunities (Persons with Disability) Act, whether such disability is physical or mental; (c) circumstances of illness which are of such seriousness and gravity as to compromise the ability of the spouses or of the children to m aintain themselves; (d) whether the ability of th e party to whom maintenance is due to have earnings of whatever nature was diminished by reason of that party having, during the marriage, taken care of the household, the other party and the upbringing of the children of the marriage; Cap. 318. (e) every income or benefit which the spouses, or any of them, receive according to law, other than social a s s i s t a n c e t h a t i s n o t c o n t r i b u t o r y w h i c h i s p a i d t o them under the Social Security Act: Cap. 318. Provided that for the purpos es of this paragraph the disability pension payable in terms of article 27 of the Social Security Act shall be taken into consideration; (f) the accommodation requiremen ts of the spouses and of the children; (g) the amount which would have been due to each of the parties as a benefit, including, but not limited to, a benefit under a pension scheme, which by reason of the separation, that party will forfeit the opportunity or CIVIL CODE [CAP. 16. 25 possibility of acquiring. Cap. 12.(3) The provisions of article 381(2) of the Code of Organization and Civil Procedure shall apply mutatis mutandis provided that the said article s hall be construed to mean that, even where no demand is made by a party to whom maintenance is due, either for that party or for the children, for the application of the provisions of that article, the court may apply the said articl e out of its own motion. (4) In granting maintenance, the court may also provide for the manner in which the same ma y increase from time to time. (5) Notwithstanding any other provision of this Code, on separation being pronounced, the court may if it deems it appropriate in the circumstance s, order the spouse liable to su pply maintenance to pay to the other spouse, in lieu of the whole or part of such maintenance, a lump sum, which the court deems sufficie nt in order to make the spouse to whom maintenance is due financia lly independent or less dependent o f the other spouse, as the case may be: Provided that for the purposes of this sub-article, the court may also order the Director General of Social Security to trans fer a portion of social security contributions of the spouse liable t o supply maintenance to the spouse to whom maintenance is due, which por tion of contributions so being transferred, when adding also the contributions which the party who is receiving said transfer had paid in the said party’s own name during marriage, shall not exceed in total thereof one -half of the total contributions paid by the two (2) parties together du ring their marriage. (6) For the purposes of sub-article (5), the court shall, among the circumstances, consider the possibility of the person to wh om maintenance is due, of receiving training or retraining in a profession, art, trade or other activity or to commence or cont inue an activity which generates an income, and order the lump sum f or that purpose. (7) The court may direct, accordin g to circumstances, that the payment of a lump sum referred to in the previous sub-articles of this article, be made by equal or unequal instalments spread ov er a reasonable period of time. (8) The court may also direct that in lieu of all or part of the lump sum referred to in sub-artic le (5), the spouse liable ther eto shall assign to the other spouse property in ownership or in usufruct, use or habitation. (9) Where there is a supervening change in the means of the spouse liable to supply maintenance or the needs of the other spouse, the court may, on the demand of either spouse, order th at such maintenance be varied or stopped as the case may be. Where however, a lump sum or an assignment of property has been paid or made in total satisfaction of t he obligation of a spouse to sup ply maintenance to the other spouse, all liability of the former to supply maintenance to the latter shall cease. Where instead, th e lump sum or assignment of property has been paid or made only i n 26 [CAP. 16. CIVIL CODE partial satisfaction of the said obligation, the court shall, w hen ordering such lump sum payment or assignment of property, determine at the same time the p ortion of the maintenance satis fied thereby and any supervening change shall in that case be only i n respect of the part not so satisfied and in the same proportion thereto. Cessation of community of acquests and community of residue under separate administration. Substituted by: XXI.1993.32. Amended by: XIV .2011.4; VII.2026. 12.