The first thing the Court will look at is the financial position of the person applying for Spousal Maintenance (the applicant). Particularly, the court will consider the income, expenses, assets and liabilities of the applicant spouse.
If the applicant spouse has entered into a new de-facto relationship then the Court will also look at the financial arrangements between both of you and the financial circumstances of that new de-facto relationship. The Court will also then consider the income earning capacity; of the person applying for maintenance.
This means the court will also look at whether the person applying to receive payment of Spousal Maintenance has any ability to earn which they are not exercising.
There are cases where Courts have decided that the person seeking that Spousal Maintenance be paid to them is actually able to support themselves, but they are supporting themselves because they are not exercising the full extent of their ability to support themselves. In those cases the Courts have dismissed the applications and told the applicants they are not eligible as they have the income earning capacity to support themselves.
If after looking at the financial position of the applicant and the applicant's income earning capacity, the Court decides they are eligible for Spousal Maintenance as they do have a need which is not being met or cannot currently be met by them on their own, then the Court will next look at the capacity (or ability) to pay of the respondent spouse (the former spouse the applicant is seeking an order to pay against).
This will involve the court looking at the financial circumstances including the income, expenses, assets and liabilities of the respondent spouse.
If an order for Spousal Maintenance is made by the Court then you should try to make sure that Order specifies how, when and to where (for example bank account) the actual payments will be made.
If you are the paying spouse, you should also ensure you keep documents evidencing the payment was made. It is often recommended that payments be made from a bank account to a bank account, so permanent and easily reliable evidence of the payment exists.