Spousal Maintenance
Spousal maintenance is financial support paid by a party to a marriage or de facto relationship, to their former partner in circumstances where they are unable to adequately support themselves.
There is an obligation on all parents to pay child support for the benefit of their children in accordance with an assessment or agreement, but in some circumstances, where one party is unable to afford their day to day expenses after a breakup even with child support received from the other party, they may be able to receive maintenance from the partner (married or de facto) to cover living expenses.
This defined in section 72(1) of the Family Law Act 1975: which says that “A party to a marriage (or party to a de facto relationship) section 90SF(1)) is liable to maintain the other party, to the extent that the first-mentioned party is reasonably able to do so, if, and only if, that other party is unable to support himself or herself adequately.
What does spousal maintenance cover?
Such maintenance may be in various forms including the other party making mortgage payments for the home in which that party lives, paying various expenses or paying that party a sum of money, once off or on a periodic basis.
How can I calculate spousal maintenance?
There are no online calculators to estimate how much you could receive in spousal maintenance. The best thing to do is consult with a family law lawyer for advice tailored to your specific circumstances.
Can spousal maintenance be agreed upon privately without court involvement?
In the absence of court orders, there is no absolute requirement for one party to pay maintenance to the other, and whether they should will depend on individual circumstances. If it is not possible to reach an agreement about the payment of maintenance within your relationship, you should discuss with a lawyer about whether an application to the court is appropriate. Spousal maintenance calculations can be complex, and individual circumstances vary widely. Seeking legal advice is essential to protect your rights and interests.
What does a Court consider when making a decision?
Your age and health
Your income, property, and financial resources
Your ability to work
What is a suitable standard of living
If the marriage has affected your ability to earn an income
Who the children (under 18 years of age or adult children who are disabled) live with
Is there a time limit for applications for spouse maintenance?
If you were married, applications for maintenance must be made within 12 months of your divorce, if you were in a de facto relationship, your applications for maintenance must be made within 2 years of the breakdown of your relationship.
How our expert team at Orman Solicitors can help with spousal maintenance:
It is vital to obtain some independent legal advice in relation to your situation, our expert lawyers at Orman Solicitors can help you understand your legal rights and responsibilities and explain how the law applies to your case.
Do you want more information to help guide you through separation and divorce?
We recommend you read our pages on:
Separation & Divorce Parenting Arrangements Binding Financial Agreements
