Spousal Maintenance

The ending of a relationship can be made even more stressful if the financial support that one party received from their former spouse then ends. Couples that were married or in a de facto relationship have a duty to their former partner to support them where they are unable to do so themselves. However, the party requesting support has to show that their former partner has the ability to pay for this support. This payment is known as spousal maintenance and the level that a party receives will depend on the particular circumstances of each case. Our skilled family lawyers can advise and guide you through the process to make sure that any order is fair and that your interests are correctly protected.

How is spousal maintenance calculated?

The needs of the party claiming support together with the financial capacity of the other party are considered when determining spousal maintenance. The court will look at various factors, including:

• The age, health and mental capacity of each party.
• Whether one party is caring for a child from the relationship that is under the age of 18.
• The duration of the relationship and whether this has affected the earning capacity of the applicant.
• The income, property and financial resources of both parties.
• What is a suitable standard of living for the parties.
• Any other adequate reasons.

The court will look at the applicant’s reasonable weekly expenses as opposed to their weekly income. Expenses will include housing payments, food bills, utilities, costs relating to a car and other necessary costs. An applicant that does not have an income will generally meet the necessary requirements to qualify. Those with an income that is less than their necessary expenditure will qualify for maintenance in relation to the excess amount that their income does not cover. Likewise, the partner that is meant to pay will have their necessary expenses deducted from their income to determine if there is extra money after this and where there is then they will be seen as having the capacity to pay.

Generally, spousal maintenance claims are made at the same time as a property settlement. However, they can be made separately including an urgent application. Spousal maintenance orders are often for a limited timeframe although this will depend on the age of the parties and any disabilities that are relevant.

How long does spousal maintenance last?

Spousal maintenance can end once a final property settlement has been agreed or for a set period afterwards. The courts expect parties to take up paid work to support themselves, but they also realise that this is not always possible, especially where there are children that need to be cared for. If a party has not had employment before the separation, then maintenance can also be awarded to allow them time to work or train to enable them to secure suitable employment.

How spousal maintenance is paid again will depend on the circumstances of each case and can be a lump sum or regular payments for a defined period of time.

There is a time limit to apply for spousal maintenance of two-years after the end of a de facto relationship or 12 months after a divorce being finalised.

Contact our expert family lawyers in Revesby, South West Sydney today

At Bateys, we can provide you with bespoke legal advice in relation to spousal maintenance after a separation. No matter how difficult your situation, our friendly and empathetic lawyers can help guide you through every step of your case – whether it’s over the phone, email or face to face – so you never feel out of the loop. As your trusted solicitor, we will advise you on all legal issues surrounding your case, leaving you feeling confident about the future.

We know a relationships breakdown can be stressful, but our dedicated team of professionals are here if you have any concerns about your finances. Do not delay and get in touch with our reputable family law firm on 02 4708 9507, or complete our online contact form for an initial consultation.