Expert Advice & Legal Representation if You need to make or defend Your Spousal Maintenance Application

If you are married (or you were married) and your current or former husband or wife is in circumstances where they cannot adequately support themselves, spousal maintenance is the financial support you pay them. One of the key reasons for the law of spousal maintenance is to make sure that a former partner makes a fair contribution to the other partner.

The Family Law Act  1975 (Cth) governs spousal maintenance. After separation a party may be liable to maintain the other, to the degree that they are reasonably able, if the person who applying for spousal maintenance cannot support themselves adequately because:

• They are looking after a child of the relationship who is not yet 18 years old

• Their age, physical or mental capacity is such that they cannot be employed

• Any other adequate reason

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Are You Eligible For Spousal Maintenance?

Under the Family Law Act 1975 (Cth) while not everyone is entitled to Spousal Maintenance, if you were in a marriage or de facto relationship that has broken down irretrievably you may be eligible for spousal maintenance if:

You do not have the necessary experience to enter the workforce

During your relationship, you had to give up work to care for a child, and therefore you were unable to re-enter the workforce; or

You are unable to work due to health issues, for example if you suffer from a physical disability or mental health challenge; or

If your eligibility for spousal maintenance is assessed by a court or tribunal, they must disregard your entitlement to an allowance, benefit or income tested pension.

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Your Legal Champions: Ready to Advise, Mediate, Negotiate or Litigate for You

When you need reliable advice and  robust legal backing, the Anumis Legal Family Law Dream Team are here to help you. We combine compassionate client care with outcome-driven, proactive legal strategies to ensure that you feel supported while we advocate for your interests in any forum, from mediation and negotiation tables to courtrooms.

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How do You apply for Spousal Maintenance?

 

You must lodge an application in the Federal Circuit and Family Court of Australia. You may need to apply for one or more types of maintenance depending on your situation:

 

  • If your application is urgent, you can make an application for urgent maintenance.
  • If you have a current general need for maintenance, you can make an interim order for spousal maintenance.
  • If you have a future need for maintenance, you can make an application for a final order for spousal maintenance

 

If you are eligible for spousal maintenance, the court will determine whether you are unable to support yourself. The court will consider  whether your former partner can support themselves and whether they have available funds to support you.

 

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What's the difference between Spousal Maintenance & Child Support?

Spousal maintenance and child support payments are not the same thing. While both are payment obligations, they are different.

Child maintenance or child support is an amount of money payable by one parent to the other for the purpose of supporting the child or children of the relationship. Spousal maintenance is the amount of money that one party to a marriage or de facto relationship could be obliged to pay to the other party to the relationship after separation.

Spousal Maintenance can be one or a combination of:

  • Periodic payments
  • A lump sum payment
  • Payment of ongoing expenses
  • Payment of a one-off expense

Use of an asset, for example a vehicle or living in the family home until the finalisation of property settlement.

 

Questions? Book Your Complimentary Chat

Book an appointment so that we can advise you on your options regarding your Family Law needs. You are welcome call  Nadine Love or Dr John on 07 5455 6347 or email admin@anumis.com.au to book your complimentary chat, now.

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How is Spousal Maintenance calculated?

 

The amount and form of Spousal Maintenance varies from case to case, because each person’s circumstances differ so widely.  However, the same factors are taken into account whether you were married (s 75(2) Family Law Act 1975 (Cth)) or whether you were in a de facto relationship (s 90SF(3) Family Law Act 1975 (Cth)).

 

In the list below ‘you’ and your’ refers to you or your former partner.

Your age and health

Your income, property, and financial resources

Your responsibilities to support another person

Any other facts or circumstance that must be considered

The need to protect you if you wish to continue your role as a parent

Your physical and mental capacity for appropriate paid employment

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Any child support under the Child Support (Assessment) Act 1989 to be paid

The terms of any financial agreement that binds either you or your former partner

Whether you have care of a child of the marriage or relationship under 18 years of age

Your financial needs and obligations to support yourselves and your legal dependants

Your standard of living that in all the circumstances is reasonable following separation

The terms of any court order made or proposed to be made in relation to the property of the parties

If either of you is living with another person and the financial circumstances relating to those living arrangements

The duration of the marriage and the extent to which the marriage has affected the earning capacity of the person seeking maintenance

The extent to which the person who is seeking maintenance has contributed to the income, earning capacity, property, and financial resources of the other

Whether the payment of maintenance would increase earning capacity by allowing you to undertake a course of education or training to gain employment, or to establish a business

Your eligibility of for a pension, allowance, or benefit under any law of the Commonwealth, state, or territory or under any superannuation fund or scheme and the rate of any such pension, allowance, or benefit

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Common Questions about Spousal Maintenance

You deserve reliable, solid experience, knowledge and the very best legal backing to ensure you achieve your optimum settlement.

Call Anumis Legal on 07 5455 6347 or email admin@anumis.com.au.

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Do You need a Family Lawyer to calculate your potential Spousal Maintenance?

Your circumstances are complex and unique, aren’t they?

Before you make a claim for Spousal Maintenance, it is important for you to seek legal advice so that you can more fully understand whether you are eligible and how you meet the multiple considerations the Court must consider when dealing with your Spousal Maintenance application.

Every case is different. Your situation deserves time and thought so that you understand the options available to you.

We recommend that you get legal advice from an experienced, reliable family lawyer as soon as you can.

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Our Anumis Legal Family Law Team

We will explain your entitlements and your rights to you in a way that makes it simple and straightforward so that you to understand you options. We are always happy to answer your questions.

We are here help you to move forward.

Call Nadine Love or Dr John Cronin on 07 5455 6347 or email admin@anumis.com.au for your complimentary chat and with our experienced, expert Noosa Marina Family Lawyers!

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Meet Our Legal Team

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Dr John Cronin

Dr John Cronin holds a Master’s Degree in Business Management, a PHD in socially responsible investment, and is pursuing a further PHD in superannuation law. In his earlier engineering career, he led numerous large-scale equipment design and infrastructure development projects. A former financial and investment advisor, Dr John has a wealth of experience across banking, finance, and investment.

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Nadine Love

Nadine Love specialises in Family Law from the perspective that legal processes can and must promote wellbeing. Therapeutic Jurisprudence informs her compassionate, practical, respectful provision of legal services. In her pre-law career, Nadine devoted decades to working with groups and individuals as a therapist, mentor, trainer, and author to assist her clients to find clarity, confidence, and voice. Nadine holds a Master of Arts in Dramatherapy. In 2020, Nadine was awarded the NSW Bar Association Prize for Civil Litigation and Evidence.

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