Ability to pay

If the person obliged, with regard to their gainful employment and financial circumstances, taking into account their other duties, is incapable without endangering their own appropriate maintenance of paying maintenance to the person entitled, they need pay maintenance only to the extent that is equitable, taking into account the needs as well as the gainful employment and financial circumstances of the divorced spouses. They need not realise the basic assets to the extent that the realisation would be uneconomical or, taking into account the financial circumstances of both spouses, inequitable.