Experienced Family Law Firm Based in Perth.
Our advice is designed to bring your matter to the best possible outcome in the shortest amount of time.
About Dimond Family Lawyers
The leaders in Family Law matters in Perth.
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While spousal maintenance and family law property settlements may seem like separate issues, they are connected. When formalising your property settlement, it may be necessary to address spousal maintenance through either a lump sum or periodic payments.
If you want to protect yourself from potential future spousal maintenance claims, you can formalise it as part of your final property settlement orders (or binding financial agreement), depending on your circumstances.
Dimond Family Lawyers can provide you with expert legal advice and representation. We have a deep understanding of the legal framework for spousal maintenance and can guide you through what can be a complex legal process with empathy and professionalism.
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Property Settlement
Our Legal Practice Director, Erryn Dimond discusses matters surrounding separation and property settlement.
Understanding Spousal Maintenance
To be eligible to apply for spousal maintenance in Perth, you must meet certain criteria:
You must be separated or divorced from your spouse or de facto partner.
You must be unable to support yourself adequately due to factors such as age, illness, disability, caring for a child, or having a lower income earning capacity than your former spouse or de facto partner.
Make sure to maintain a log of all your expenses over the course of a month, and don’t forget to factor in bills that are paid annually. When determining what expenses to include, be practical and considerate of both your own needs and the other party’s financial capabilities.
Your former spouse or de facto partner must have the financial capacity to pay spousal maintenance. This includes taking into account their income, assets, and financial resources.
Your application for spousal maintenance must be made within 12 months of your divorce becoming final. If you were in a de facto relationship, you must apply within two years of the date of separation.
It’s worth noting that the eligibility requirements for spousal maintenance can vary depending on the individual circumstances of your case. Therefore, we advise you to speak with our team to determine your eligibility and the best course of action for your specific situation.
If you would like more advice on what you need to achieve a pain-free and amicable separation please call us for a free 15-minute consultation or send an enquiry using our online form.
How We Can Help.
If you are going through a separation or divorce and require spousal maintenance, the Dimond Family Lawyers can help you in a number of ways:
Assessing Your Eligibility: Our team can assess your eligibility for spousal maintenance based on your financial circumstances, income, assets, and other factors. We can advise you on the likelihood of obtaining spousal maintenance, the amount that you may be entitled to, and the duration for which you may receive it.
Negotiating with Your Spouse: If you and your spouse are willing to negotiate a spousal maintenance agreement, we can assist you in drafting a legally binding agreement that meets your needs and protects your interests.
Court Proceedings: If you are unable to reach an agreement with your spouse, our lawyers can represent you in court proceedings to secure an order for spousal maintenance. We have extensive experience in family law litigation and can present your case effectively to the court.
Variation or Termination of Spousal Maintenance Orders: If you are currently receiving spousal maintenance and your financial circumstances have changed, or if your ex-spouse’s financial circumstances have changed, our lawyers can assist you in seeking a variation or termination of the spousal maintenance order.
Why Choose Dimond Family Lawyers?
Dimond Family Lawyers is a highly respected family law firm in Perth that has been helping clients with spousal maintenance issues for many years. We have a deep understanding of the legal requirements for spousal maintenance in Western Australia and can guide you through the process of negotiating and enforcing spousal maintenance orders. Each client receives personalised attention from their lawyer as we understand that every case is unique and requires a tailored approach. We take the time to listen to your concerns and provide you with the best possible advice based on your specific circumstances.
Our team is skilled in negotiating spousal maintenance agreements that are fair and reasonable for both parties. We strive to achieve a resolution that meets the needs of our clients while also taking into account the other party’s financial situation. In some cases, spousal maintenance issues may need to be resolved in court. Our lawyers have extensive experience in litigation and can represent you in court to ensure that your rights are protected.
We understand that legal fees can be a concern for many clients, We also provide transparent fee structures, so you will always know what to expect in terms of legal costs.
At Dimond Family Lawyers, our focus is on our clients. We strive to provide the highest level of service and support to you throughout the legal process. We are committed to achieving the best possible outcome for our clients while also ensuring that they feel supported and informed every step of the way.
Frequently Asked Questions.
Spousal maintenance is a payment made by one spouse or de facto partner to the other after separation or divorce to provide financial support. It is designed to ensure that both parties can maintain a reasonable standard of living, particularly if one of the parties has a lower income or is unable to support themselves.
In Perth, WA, either spouse or de facto partner may be entitled to spousal maintenance if they can demonstrate that they have a need for financial support and the other party has the capacity to pay.
The amount of spousal maintenance payable in Perth, WA is determined by taking into account the income, earning capacity, assets, and expenses of both parties. The court will also consider the standard of living of the parties during the marriage or de facto relationship.
The duration of spousal maintenance in Perth, WA will depend on the individual circumstances of each case. It may be a temporary measure until the recipient can become financially self-sufficient or it may be ongoing, particularly if the recipient has a disability or is unable to work due to caring responsibilities.
To apply for spousal maintenance in Perth, WA, you can make an application to the Family Court. It is recommended that you seek legal advice before making an application.
Yes, spousal maintenance can be varied or terminated in Perth, WA if there has been a significant change in the circumstances of either party, such as a change in income or employment.
Yes, you may be entitled to spousal maintenance if you are in a de facto relationship in Perth, WA and you have separated from your partner.
Not necessarily. In some cases, the parties may be able to reach an agreement about spousal maintenance without going to court. However, if an agreement cannot be reached, it may be necessary to apply to the court for a determination.
Yes, spousal maintenance can be paid as a lump sum in Perth, WA if both parties agree. This is known as a ‘capitalised amount’.
No, they are not. Centrelink payments are not considered as income when assessing a spousal maintenance application.
The person who receives spousal maintenance is not assessed as ordinary income under the income test income support purposes. It is, however, taking into account under the maintenance income test for family payment purposes.
We advise all clients to secure expert financial/taxation advice regarding the taxation implications that apply to all family matters, including but not limited to the outcome of property settlement, and payment of spousal maintenance.
