Dionne Rose, Staff ReporterTHE MAINTENANCE Act, which was enacted as far back as in 1881, has been amended several times, but legislators claim that it has not "kept pace with modern trends".
Now before the Senate is a bill which seeks to confer obligations on spouses to maintain each other, on parents to maintain their children, and on persons to maintain their parents and grandparents, and for connected purposes.
The change being proposed is revolutionary as it is promoting equality of the sexes, which in the old act was non-existent.
According to Senator A.J. Nicholson, the Matrimonial Causes Act would have to be amended to enable a married man to apply for maintenance upon on the dissolution of marriage as it was previously the exclusive right of married women. Under this bill, fault is no longer a factor in determining the withholding of maintenance.
The bill is also extended to common-law unions where Clause 2 of the bill define the term 'cohabit' as persons living together in a conjugal relationship outside of marriage. It also define the term 'spouse' to include unmarried persons who have cohabited for a period of not less than five years as if they were, in law, husband and wife.
Under Part III of the bill, clauses 6 and 7 outline the obligation of parties of termination of cohabitation. Clause 6 states that cohabiting parties have an obligation to maintain the other spouse after termination of living together. This clause also provides the period within which an application for maintenance may be made, which is 12 months after the termination of living together.
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VOX POP
The Sunday Gleaner Senior Reporter Glenroy Sinclair took to the streets to ask women if they are willing to financially maintain their ex-lovers, under the amended Maintenance Act. Here are some of the responses.
ORENTHA GRAY, SALES CLERKNo, I don't think women should financially support neither ex-lovers, present or future lovers.
LORNA PARKER, COOK:No way. Because the relationship is over and we move on with our lives.
JACQUELINE ARCHIBALDThere is no way under God's heaven that it should happen. No woman should be asked to financially support any man.
SHANILE WALTERSAny man who wants his ex-lover to support him financially is no man at all. He is worthless.
