Spousal Maintenance Australia - Are You Eligible?

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25/02/2020

Parent Alienation

What is Spousal Maintenance?

Spousal maintenance in Australia is a form of financial support that one former partner may be required to pay to the other after separation or divorce. It is distinct from child support and is designed to help the financially disadvantaged party meet their reasonable living expenses. Payments can be made as a lump sum or in regular instalments, depending on the court’s decision or mutual agreement between the parties.

Who Can Receive Spousal Maintenance?

Both married and de facto partners may be eligible for spousal maintenance in Australia, provided they meet the necessary legal requirements. A person may apply for maintenance if they cannot adequately support themselves financially and the other party has the capacity to provide assistance.

When is Spousal Maintenance Payable?

A party to a marriage or de facto relationship may be required to provide financial support to their former partner if the recipient is unable to support themselves adequately due to:

  • Caring for a child of the marriage or relationship who is under 18 years old.
  • Age, physical, or mental incapacity that prevents them from engaging in suitable employment.
  • Any other valid reason that impacts their ability to earn a sufficient income.

Spousal maintenance is assessed based on the financial needs of the applicant and the ability of the paying party to provide support. If you believe you may be eligible, seeking legal advice can help you understand your rights and obligations.

Who decides whether I should receive/pay maintenance?

Most parties are able to reach an agreement on interim spousal maintenance pending the completion of their property settlement.  If necessary, a party can file an Application with the Court to seek spousal maintenance.

If you feel that you are at the stage where you need to apply for a financial/maintenance order, you should seek advice from a family lawyer.

Eligibility for Spousal Maintenance in Australia

To be eligible for spousal maintenance in Australia, the applicant must demonstrate to the court that they are unable to adequately support themselves financially and that their former partner has the capacity to provide financial assistance. This requires proving specific factors, such as a lack of income due to caring for a young child, age or health conditions preventing employment, or other financial hardships that limit their ability to earn a sufficient income.

Matters to be taken into consideration in relation to maintenance

Some of the matters the Court considers about both parties when determining maintenance are:

  • Your age and health;
  • Your income, property and financial resources;
  • Your ability to work;
  • What is a suitable standard of living;
  • If the marriage/relationship has affected your ability to earn an income;
  • Whether either party has the care or of a child of the marriage/relationship who is under 18 years;
  • Whether a party who wishes to continue that party’s role as a parent;
  • If either party is cohabiting with another person, the financial circumstances relating to the cohabitation;
  • The terms of any order made or proposed to be made in relation to their property;
  • The terms of any binding financial agreement;
  • Any child support payable for a child of the marriage/relationship;
  • Any fact or circumstances which in the Court’s opinion should be taken into account.

How long after separation can I apply for maintenance?

If you were married, an application for spousal maintenance must be made within 12 months of your Divorce Order.  For de facto relationships, an application for maintenance must be made within 2 years of separation.

If you do not apply within the time limit you will need to obtain permission from the Family Court, and this is not always granted.

How long are maintenance payments made for?

This depends on the circumstances of each matter and maintenance orders can be modified. If you marry another person you will no longer be entitled to maintenance, unless the Court orders otherwise.  If you are in a new de facto relationship the Court will take into account the financial relationship between you and your new partner when considering whether you are able to support yourself adequately.

For more information regarding spousal maintenance, speak to a family lawyer at Cairns Divorce Lawyers.

At Cairns Divorce Lawyers you will always speak to a Lawyer