What is the mutual duty of support?

The mutual duty of support refers to the obligation that spouses have to provide financial support to one another throughout the duration of their marriage. This duty is rooted in the concept of partnership within marriage, where both parties are expected to contribute to the family's financial well-being and support each other's needs, whether that be for basic living expenses, medical needs, or other financial responsibilities.

This obligation encompasses a wide range of support scenarios, ensuring that neither spouse faces undue financial hardship solely due to the marital relationship. This duty can also impact divorce proceedings, particularly in discussions around alimony and spousal support, where one spouse may be expected to provide financial assistance to the other based on their ability to pay and the other’s financial needs.

While shared household expenses, prenuptial agreements, and support for minor children are relevant concepts in family law, they do not capture the full essence of the mutual duty of support as it specifically pertains to the financial responsibilities spouses owe to each other.