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:
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: