Spousal Maintenance

What is Spousal Maintenance?

Spousal maintenance is a payment from one spouse or de facto partner to the other. The purpose of spousal maintenance is to provide financial support for the recipient partner and their dependants, usually for a limited time. Under Australian law, spousal maintenance can be ordered when a relationship has broken down, and one partner cannot support themselves financially. Furthermore, the amount and duration of spousal maintenance are based on various factors. These include the ability of the payer to pay, the needs of the recipient partner and their dependants, the property and financial resources of both parties and any relevant superannuation interests.

When is Spousal Maintenance Payable?

Spousal maintenance is not always available and depends on the parties’ particular circumstances. Generally speaking, spousal maintenance may be payable if:

• One partner is unable to financially support themselves adequately due to for example:
• One partner having primary care of the children and not being able to work or their earning capacity being reduced due to this
• One partner having a significantly higher earning capacity than the other
• One partner not being able to work or having a reduced capacity due to a disability, illness or accident.

How Can Mbt Lawyers Help?

At Mbt Lawyers, we can help you understand your rights and obligations concerning spousal maintenance. Furthermore, we can discuss your particular circumstances and assist with negotiating a spousal maintenance arrangement or applying for Family Court orders if necessary. We understand that dealing with family law issues can be stressful and sometimes overwhelming. Therefore, our experienced lawyers will provide clear and compassionate advice to help you feel more secure and confident.

If you are looking for expert family law advice on matters such as spousal maintenance, please do not hesitate to contact us. We are here to help. Call 02 6648 7600 (Coffs Harbour) or 02 6648 7666 (Grafton) or use our online contact form.