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Spousal Maintenance

It is possible that you may be entitled to receive spousal maintenance payments from your partner, or alternatively, that your ex-partner may attempt to seek spousal maintenance payments from you.

Spousal maintenance attempts to rectify the imbalance in income between separated parties for the purpose of ensuring that both parties are financially “maintained” until matters can be resolved on a final basis.

Spousal maintenance legislation applies to both married and de facto matters.

Spousal maintenance arrangements can be agreed privately, or by way of Family Court Order.

To lodge a successful application for spousal maintenance, it is necessary to establish both of the following:

  • one party has a shortfall in their weekly disposable income after their reasonable weekly expenses are deducted (i.e., a "need"); and
  • the other party has a surplus in their weekly disposable income after their reasonable weekly expenses are deducted (i.e., "capacity to pay").

When considering making an Order for spousal maintenance, the Family Court is required to consider several factors, listed under section 75(2) of the Family Law Act (1975).

An Order for spousal maintenance may take several forms that may include, but not be limited to:

  • payment of a lump sum; or
  • periodic payments; or
  • a final order; or
  • an order for a fixed term, or life, or until further order of the Court.

Our experienced professional team are able to provide advice on the most appropriate strategy for your specific circumstances to provide you with the most time and cost effective approach.

Speak to one of our friendly team at Dimond Family Lawyers by calling 9443 1111.

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