Spousal Maintenance

Clear Advice On Financial Support After Separation

Spousal maintenance is financial support paid by one partner to the other after separation or divorce when one party cannot adequately support themselves.

It is separate from property settlement and child support, and may apply to both married and de facto relationships under the Family Law Act 1975.

At Cornish Lawyers, our Geelong family lawyers provide clear advice to help you understand your rights, obligations and options when it comes to spousal maintenance.

Spousal Maintenance vs Child Support

What’s The Difference?

Spousal maintenance and child support are both forms of financial assistance after separation, but they serve very different purposes.

• Spousal maintenance is financial support paid to a former partner and is intended assist in meeting the financial needs of that partner;


• Child support is financial support for the care of a child typically paid from one parent to another (although sometimes paid directly to an institution, for example with private school fees).

There are different eligibility requirements for child support and spousal maintenance and child support is typically determined by the Child Support Agency while spousal maintenance is determined by the Federal Circuit and Family Court of Australia.

Am I Entitled To Spousal Maintenance?

You may be eligible to receive spousal maintenance if:

• You are unable to meet your reasonable living expenses


• Your former partner has the financial capacity to assist you in meeting your living expenses.

You may be required to pay spousal maintenance if your former partner cannot support themselves and you have the ability to contribute.

Unless one partner voluntarily pays spousal maintenance to the other at an agreed rate, it is likely that the family law courts will be engaged to determine whether spousal maintenance payments are appropriate, and if so, for how much. Each case is assessed individually, based on financial need and capacity.

How Spousal Maintenance Is Assessed

If an application is made to the court, several factors are considered when determining whether maintenance should be paid and how much.

These may include:

• Your income, assets and financial resources


• Your ability to work and earn an income


• Age, health and personal circumstances


• Care of children under 18


• Any additional responsibilities, including caring for dependants

The focus is on whether one party has a financial shortfall and whether the other can reasonably contribute to that shortfall.

Capacity To Pay Spousal Maintenance

The court will assess whether the paying party has income available after covering their own reasonable living expenses.

Only if there is surplus income will a contribution typically be required.

Types Of Spousal Maintenance Payments

Spousal maintenance can be structured in different ways depending on your situation:

• Urgent maintenance – short-term financial support where immediate assistance is needed


• Periodic payments – ongoing payments made weekly, fortnightly or monthly


• Lump sum payments – a one-off payment intended to help with living expenses that is separate from a property settlement.

How To Apply Or Reach An Agreement

Spousal maintenance can be arranged in two ways:

• Negotiated agreement – reached between parties, often with legal support


• Court application – where an agreement cannot be reached

It is important to formalise any agreement through legally binding documents such as Consent Orders or a Financial Agreement.

Time Limits For Spousal Maintenance Claims

Strict time limits apply:

• Married couples – within 12 months of a divorce being finalised
  
  De facto relationships – within 2 years of separation

Seeking early legal advice is essential to avoid missing these deadlines.

How Long Does Spousal Maintenance Last?

In most circumstances, spousal maintenance payments will only be for a set period of time (for example, until a party has concluded study or has ceased to have caring responsibilities).

Spousal maintenance may end or be changed if circumstances shift.

This can include:

• The agreed payment period ending


• A change in financial circumstances


• One party remarrying


• The death of either party

Orders can also be varied if there is a significant change in need or capacity.

Speak With A Spousal Maintenance Lawyer In Geelong

Spousal maintenance can be complex, particularly when financial circumstances change or disputes arise.

Our experienced Geelong solicitors can assist with advice, negotiations and court applications to help you reach a fair and practical outcome.