Have You have just separated or divorce and need financial support or maintenance – what can you do ?
Many people, unfortunately find themselves in difficult financial circumstances when their marriage or de facto ( same-sex ) relationship breaks down or they get a Divorce. Trying to manage on one income or centrelink or depending on financial support or maintenance from your ex-partner is one of life’s most challenging times for many people and children.
Am I entitled to Spousal Maintenance?
When it comes to spousal support or maintenance, there is a lot of misinformation. People either assume that they are not entitled to be financially supported or they assume that their ex-partner should pay financial or spousal support for the rest of their lives.
Spousal Maintenance is not an automatic right. To receive spousal or financial support from your ex partner you must show that because of your circumstances ( the marriage, children, disability) you cannot adequately support yourself financially and your ex-spouse or partner can support you financially because they have the capacity to do so.
Do I have to go to Court to get Spousal Maintenance?
Going to Court is always the last resort!
The first and best way to always approach these financial matters is through discussion with your ex-partner or if your relationship has totally broken down and you can’t talk to each other, then engage the services of an accredited specialist Family Lawyer to help you negotiate spousal or financial support.
What if my ex refuses to pay me Spousal Maintenance?
Don’t panic! It’s not unusual for ex- spouses to refuse to pay spousal maintenance( most ex’s want to give as little financial support as they can get away with). You should invest in some sound legal advice and look at all options available to you. In our professional experience, well-prepared spousal maintenance applications at Court have very good prospects of success. No-one wants to see an ex-spouse who is entitled to be financially supported struggling, while the other partner lives the good life!
This article is not legal advice. It is intended only as general information. For specialist legal advice contact us today on 02 8999 1800.