Spousal Maintenance

Supporting Yourself Financially

Following the end of your relationship there are some circumstances in which you may be entitled to receive spousal maintenance in order to adequately financially support yourself.

Under the Family Law Act, spousal maintenance is payable to a spouse or partner if there is a substantial difference in your incomes and you are unable to support yourself but the other party has the ability to contribute to your support.

Spousal maintenance is not automatic nor is it guaranteed. There are several factors involved which a Court must consider when deciding if a party can adequately support themselves.

 

These include:

  • the care arrangements for the children
  • the age and state of health each party
  • ability to gain suitable employment
  • any other adequate reason.

Additionally, the Court must also be satisfied that the party responsible for payment of the maintenance has the capacity to do so without causing financial hardship.

It is important to note that should you be seeking to apply for spousal maintenance you seek legal advice as soon as you commence separation as strict time limits apply in some circumstances.