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Spousal Maintenance

Spousal Maintenance

Sometimes, one person in a marriage or de facto relationship has a need for spousal maintenance when separation happens, so that they can maintain their lives and pay for living costs such as rent, health insurance and day to day costs. 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. You have 12 months to bring a spousal maintenance application at Court after you have divorced.

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 will make an instant decision and spousal maintenance will usually be made for a short-term only.

How long is spousal maintenance for?
Spousal maintenance is granted for a period of time where one party is unable to find employment because they have the care and control of children and/or need to retrain in order to obtain employment. It can range from anywhere from 6 months to 2 years or longer.

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, where your matter has merit.

I have re-married, will my spousal maintenance stop?
Upon re marriage, if you are receiving spousal maintenance this will cease and you have an obligation to inform your ex-partner of your re-marriage.

Cominos Family Lawyers. Call 02 8999 1800 or email us here.