Spousal Maintenance
- They have a need – meaning that their living expenses exceed their income; and
- The other person has a capacity to pay – meaning that following payment of their living expenses, they have a surplus of funds from their income.
Spousal maintenance is where one person financially supports the other for a period of time after separation.
Spousal maintenance is separate to a property settlement and is paid in addition to any child support payable.
Spousal maintenance can be paid in a lump sum or by way of periodic payments. Generally, spousal maintenance payments continue only for a defined period. For example, until the spouse receiving the payment has the ability to re-train, can enter the workforce or until they receive their property settlement.
To be successful in establishing a spousal maintenance claim, the person seeking payments must prove that:
The payment of spousal maintenance can be negotiated and we can assist you with that.
Where no agreement is reached, a Court Application will need to be filed and we can assist you with that process too.
Be aware that time limits apply– for de facto couples, the time limit expires 2 years after the date of separation. For married couples, the time limit expires one year after the date a divorce order comes into effect.
Don’t delay seeking legal advice from an experienced Family Lawyer.
Phone our office today on 07 4722 2733 to secure a fixed fee initial appointment for $330 (including GST).