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Spousal Maintenance

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Spousal Maintenance

Spousal maintenance is a financial support payment made by one party to another after a separation or divorce, which is aimed at assisting the lower-earning, or financially dependent partner, maintain a certain standard of living when the recipient is unable to adequately support themselves. This payment differs from child support, or a property and financial settlement.

What does the Court consider when making a decision?

In determining whether to make a spousal maintenance Order, the Court will consider the various needs of the applicant, and the respondent’s capacity to pay spousal maintenance, whilst also considering the following:
  • The parties’ age and health.
  • The parties’ income, property and financial resources.
  • The parties’ capacity to work.
  • Whether the parties have the care of a child of the relationship, including the need to provide appropriate housing for the child.
  • The effect of any family violence.
  • What a suitable standard of living is.

 

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The Court’s aim is to reach a fair balance between the needs of the party who is seeking the support, and the financial capacity of the party being asked to pay spousal maintenance. It is important to note that spousal maintenance is not automatic, and each application for spousal maintenance is assessed based on individual circumstances.

Spousal maintenance may be ordered in different forms, including but not limited to:

  • Periodic payments

Regular payments for a defined period or an ongoing period.

  • Lump sum payments

A one-off payment made in lieu of ongoing support.

Whether you are considering applying for spousal maintenance, or responding to a claim for spousal maintenance against you, it is essential to obtain legal advice, tailored to your individual circumstances.

Disclaimer:

The information provided on this page is of a general nature and does not constitute legal advice. We recommend that you contact our office directly for tailored legal advice, suited to your individual needs and circumstances.