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Spousal Maintenance

It is not uncommon, when a relationship ends for one person to need financial support from their ex-partner, especially where children are involved and they are caring for them, this type of financial support is known as spousal maintenance

You may need to be supported financially for a short term so you can find work or complete your studies or you need support whilst you are raising children and you are unable to financially support yourself.

In circumstances where an ex-spouse or partner has the ability because of their income or financial resources to financially support their ex -spouse or de facto partner, then spousal maintenance can be negotiated or Court ordered.

A spousal maintenance application can be made at the same time as you make a property application at the Family Court or Federal Circuit Court of Australia.

Frequently asked questions

My partner has left and I have no income to support myself what can I do?

You can make an urgent application for spousal maintenance, where you have an immediate need of financial assistance and cannot support yourself adequately. The Court will consider your application and consider the financial capacity of your ex- partner, it will consider why you can’t financially support yourself and where the matter is urgent may make an instant decision and spousal maintenance will usually be made for a short-term only.

How much spousal maintenance am I entitled to?

This will depend upon your financial needs and the financial capacity of your partner to pay. The payment can be negotiated and agreed upon or an order can be made by the Court, if appropriate.

We are always happy to hear from you. If you have an inquiry or  wish to consult with one of our specialist, family lawyers please contact us on 02 8999 1800.

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