Spousal Maintenance

After a separation or divorce, you may find yourself in a situation where you are unable to support yourself and require financial support from your former partner.

You may be eligible for spousal maintenance.

What is spousal maintenance?

The Family Law Act 1975 (Cth) places an obligation on parties, whether you were married or in a de-facto relationship, to maintain and support each other even after the breakdown of a relationship.

Spousal maintenance is generally made for a limited period of time with the intention of providing a former partner with financial support while they re-establish themselves and set up for their own future.

Spousal maintenance is separate to child support payments.

Applying for spousal maintenance

When applying for spousal maintenance, you must show you are unable to adequately support yourself, and also your former partner is in a financial position to not only financially support you, but also themselves and their living expenses.

The Court will take into account various factors when considering whether a spousal maintenance order should be made. Some of those factors include the assets of you both, income earning capacities, your age and health, and the care of children under 18 years old.

A spousal maintenance application is complex and requires careful consideration. Mistakes can be costly so we recommend getting expert legal advice from the outset.

If you need any further assistance please contact [email protected] or call (07) 5536 1140 for a no-obligation discussion and for expert legal advice.