Spousal Maintenance

What is spousal maintenance?

Spousal maintenance is the obligation of one party to financially support to the other party after separation or divorce. If parties cannot afford to pay Spousal maintenance, it may be possible for a party to seek assistance from Centrelink. Married parties are entitled to apply for spousal maintenance after separation. Spousal maintenance is separate to Child Support. Whilst Child Support is virtually automatic and calculated according to salary or income, spousal maintenance is not. Whether a party can obtain spousal maintenance depends on a number of factors including:

  • Have financial support in order to pay their expenses
  • The financial capacity of the party being asked to pay spousal maintenance to afford the same

 

Spousal maintenance is not automatic

There is no automatic entitlement to receive spousal maintenance from your previous partner. Most of the time, upkeep is just payable where one companion could not reasonably sustain themselves as well as the other person has the capability to pay maintenance.

In a lot of instances, the law requires you to try to fix conflicts prior to going to court. It is frequently a smart idea to attempt to reach an agreement on maintenance when you are bargaining a building negotiation. Through this all monetary issues can be settled at the exact same time.

If you can not reach an arrangement with your former companion, you could apply to the court for a financial order. In order to succeed, it is necessary to show that you need upkeep which your ex-partner is able to pay maintenance. In establishing whether spousal maintenance should be payable, the court will take into consideration factors such as:

  • Income, home, financial resources as well as financial obligations
  • Age
  • Sate of health and wellness
  • Ability to earn an earnings (consisting of whether this has been influenced by the marriage)
  • Just what is considered to be a suitable standard of life; and also
  • Whether any kind of kids live with you or your former companion

 

The court will make the monetary order based upon exactly what is fair to both individuals

Applications for spousal upkeep need to be made within a year of your divorce becoming final or within two years from the date that your de facto relationship ended if you separated after 1 March 2009. If you have actually missed these deadlines, it is very important to look for immediate legal recommendations. In some scenarios, late applications could be brought with the authorisation of the court.

 

Spousal upkeep orders normally continue until remarriage or death

Upkeep might likewise end other scenarios, such as:

  • The recipient’s economic situation boosts due to a new de-facto relationship
  • Adjustments to kid treatment responsibilities
  • Improved gaining capacity

When a spousal order is in area, both parties have to comply with the terms of the order. In order to end upkeep, it is required to put on the court to transform the terms of the order.

Please contact expert family lawyers if you would like any advice on this topic. We offer a first free 30 minute meeting to discuss your matter.

Armour & Allen are specialist Adelaide lawyers for providing legal advice tailored to your needs. We focus on realistic outcomes & guide you through the best options to achieve your goals.