Spousal Maintenance Services
Proudly serving Revesby and the wider South-West Sydney area
Going from two incomes to one can be difficult, and a parent who gave up a career to raise children can face real financial hardship after a relationship breakdown. Our family law team acts for clients across Revesby and South-West Sydney to protect their financial position.
How our lawyers help
Our family law team advises clients in Revesby and South-West Sydney on every stage of a spousal maintenance matter, assessing whether you have a claim or an obligation to pay, negotiating an agreement, and applying to the court where agreement isn’t possible. In working out whether a claim is likely to succeed, our lawyers assess factors such as each party’s age, health, income and employment capability. We handle spousal maintenance as part of a property settlement, consent orders or a binding financial agreement, so your financial arrangements are dealt with in one place.
What is spousal maintenance?
A type of financial support paid by one spouse to the other. Maintenance is designed to assist the more financially vulnerable spouse if they can’t adequately support themselves after a relationship breakdown.
A party can pay maintenance as a single lump sum payment, or on an ongoing basis. Court orders for spousal maintenance can be made for a limited period, for example, to give a spouse time to retrain or return to the workforce, and periodic payments usually end if the recipient remarries. Spousal maintenance orders may be available to anyone in a marriage or de facto relationship, which is technically called de facto maintenance.
Maintenance orders generally have the same time limits as other financial orders:
For married couples, an application for maintenance must be made within 12 months of divorce, that is, within 12 months of the divorce order taking effect (12 months post-divorce).
De facto partners may apply within 2 years of their separation date.
For a fuller explanation of how it’s assessed and how long it lasts, see our guide on spousal maintenance obligations.
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When you may receive spousal maintenance
The circumstances where a party may need to pay maintenance is governed by the Family Law Act 1975. There are two basic criteria that have to be met for maintenance orders to be considered:
One party can’t meet their reasonable living expenses with their own assets and income.
The other party can afford to pay the financial assistance after covering their own obligations.
Do you need spousal maintenance?
There are various reasons why a spouse may find it difficult to support themselves after a separation, such as:
Needing to care for a child of the relationship.
Suffering from physical or mental incapacity that impacts their ability to work.
Limited employment opportunity due to spending a long time out of the workforce.
Other issues the Court may consider are listed in Section 75(2) of the Family Law Act, including:
The property and financial resources of each party.
Any current or former child support arrangement.
Whether it would increase the person’s earning capacity by enabling them to pursue training or education.
Do you have the capacity to pay?
Even if a spouse has a genuine need, the other spouse still needs to be capable of financially supporting them. The Federal Circuit and Family Court of Australia (FCFCOA) typically looks at the person’s reasonable expenses and whether they have enough surplus income to warrant a maintenance order. If you have an urgent need, seek legal advice early.
Urgent spousal maintenance orders
If you’re facing immediate financial distress after a separation, you may be able to get an urgent order. In these cases, the FCFCOA may make an order for maintenance before a property settlement is finalised and without an in-depth enquiry into your financial situation.
Our process
You can seek maintenance in conjunction with a property consent order or include it in a binding financial agreement (BFA). You may also pursue maintenance through court proceedings as a last resort.
Our family law team assists clients with spousal maintenance as part of property settlements, consent orders and binding financial agreements, making sure each matter is handled in compliance with the Family Law Act 1975. Our process generally proceeds as follows:
- The first step is to meet with us for a no-obligation initial consultation. This helps us get a sense of your needs and the options that may be available. This may include discussing whether periodic maintenance is needed or if a single payment is more appropriate.
- We'll help you gather important information about your finances. This usually includes getting information about assets and liabilities, such as:
Bank accounts.
Superannuation.
Personal loans.
Stock portfolios.
- Exchange financial information with your former spouse. This ensures that maintenance is based on an accurate assessment of each person's financial circumstances.
- We'll assist with helping you reach an agreement if possible. We can negotiate the inclusion of maintenance in an agreement as part of a BFA or an application for consent orders.
- If it's not possible to make an agreement, we can represent you in court instead. Because a court application requires a strong, evidence-based case for approval, this can involve gathering evidence of your financial needs and filing for an urgent maintenance order if necessary.
- People's financial situation can change quite a bit over time. Maintenance may need to be revised in the future. We can assess whether longer-term arrangements are necessary.
── Take the First Step
Schedule Your Free Consultation Today
Are you assessing your options for financial support after separation? If you’re looking for a spousal maintenance lawyer in Revesby, contact Bateys Law today to arrange a free initial consultation.
Disclaimer: This article provides general information only. It is not legal advice. Family law outcomes depend on your circumstances. You should speak with a family lawyer before making decisions about your matter.