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spousal maintenance
Spouse maintenance is financial support paid by a party to their former partner where they are unable to adequately support themselves financially.
Under the Family Law Act 1975, a person has a responsibility to financially assist their spouse or former de facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets.
Maintenance of a spouse or a de facto partner may be considered by the Court as part of property settlement in addition to child support assessment however, in some circumstances Spousal Maintenance Orders may be made when there is a substantial difference between the parties’ incomes at the date of separation.
Spousal maintenance is determined separately from divorce proceedings, and may be applied for before or after divorce (usually within 12 months of divorce). There are critical timeframes which must must be considered and it is always advisable to speak with an experienced family lawyer.
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