In these cases, the obligation to pay maintenance essentially depends on whether or not the judgment contains a finding of fault.
If there is no finding of fault in the judgment, the party who sought the divorce may be required to pay alimony to the other in equity.
If a divorce occurs due to the dissolution of the domestic partnership and the judgment contains a finding of fault, the maintenance claim is to be calculated as in the case of an ongoing marriage. This provision serves in particular to protect the spouse who has run the household and cared for the children during an ongoing marriage and is subsequently divorced against his or her will.
If the divorce is based on illness and the judgment contains an award of fault, the same rules apply as for divorce based on fault.
