Spousal Maintenance

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

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 couples.

An arrangement for spousal maintenance payments can be agreed privately, or by way of Family Court Order.

To lodge a successful application for spousal maintenance, it is necessary establish that:

  • One party is unable to support themselves adequately; and
  • The other party has the capacity to pay the other party.

Before making an Order for spousal maintenance, the Family Court considers 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 advise you of the 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.