Spousal maintenance
Spousal maintenance is financial support paid by one party to the other, in circumstances where the relationship has broken down and they are unable to adequately support themselves.
A person has a responsibility to financially assist their former partner, if that person cannot meet their reasonable expenses.
Spousal maintenance can be ordered by a Court when a need exists and the other person has the ability to pay. A range of factors will be considered when determining the needs of the person seeking spousal maintenance and the other person’s capacity to pay, including:
Age and health
Income, property and financial resources
Employment
What is a suitable standard of living
Earning capacity
If there are children, the care arrangements
The first step in seeking spousal maintenance is to negotiate with the other person. An application can be made to the Court if no agreement is reached.
Spousal maintenance can be required after separation, divorce and even after property settlement is finalised.
In some cases, both parties will want certainty that the other will not seek to make a claim for spousal maintenance in the future. Parties can waive their rights to claim spousal maintenance, which can be formalised in a Binding Financial Agreement. Before doing so, both parties will require independent legal advice about the effect of the agreement and the advantages and disadvantages of entering into the agreement.
If you are seeking advice about your rights and entitlements for spousal maintenance so you can move forward in your life, book in an initial conference with us to discuss your options and next steps.