After separation, you may find yourself financially disadvantaged by being denied access to the income of your spouse that you relied upon during the marriage or de facto relationship and unable to obtain employment to adequately support yourself.
In this event, you may be entitled to spousal maintenance.
Spousal maintenance is financial support payable by one spouse to the other spouse when the recipient spouse is unable to support himself or herself adequately. It is different and additional to any child support that may be payable.
A married spouse can make application for spousal maintenance up to 12 months of a divorce order taking effect. A de facto spouse can make application for spousal maintnenance provided they separated after 1 March 2009 and make the application up to 2 years from the end of the de facto relationship. After these time periods, the Court's permission is required to make an application which is not easy to obtain.
There is no automatic right to spousal maintenance. To obtain maintenance, you must show a need for maintenance and your spouse's capacity to pay it to you. Your entitlement to any income tested pension, allowance or benefit is disregarded in assessing whether and to what extent maintenance is payable.
Your need for maintenance may be due to the fact that you are unable to receive adequate income by reason of:
- the fact that you have the care of a child of the marriage or de facto relationship under the age of 18 years;
- your age or poor state of health; or
- for any other adequate reason.
If you establish a need, the capacity of your spouse to pay maintenance is then examined. In examining the capacity of your spouse to pay and the amount of maintenance some of the factors that are considered are:
- the income, property and financial resources of your spouse;
- your spouse's necessary commitments to support himself or herself; a child or any other person your spouse has a duty to maintain;
- any child support that your spouse has provided, is to provide or might be liable to provide in the future for a child of the marriage or de facto relationship.
A Court can make orders for periodic spousal maintenance payments for a definite or indefinite period of time or by a lump sum payment.
Good advice is invaluable
You will need support to guide you through the legal process for spousal maintenance. In our initial consultation we focus on understanding your personal situation, explaining your legal position, addressing any doubts or uncertainties you have over the legal process and providing practical advice on the best way forward.
Should further work be required, we will explain the possible future steps and the associated costs, with a firm focus on delivering practical and cost-effective outcomes.
Should you wish to discuss spousal maintenance, please
contact Trent Waller on (07) 3236 2900 or
twaller@crhlaw.com.au.
