Spousal Maintenance

Separation is a difficult time and once you are separated from your partner, either one of you may require immediate financial assistance. Achieving this help can often be found in the provision of spousal maintenance. To ensure your financial needs are satisfied, our spousal maintenance and divorce lawyers can guide you through this process.

What is spousal maintenance?

Spousal maintenance involves one spouse providing ongoing financial support to their former partner. This can apply to both married and de facto couples.

A spousal maintenance order can comprise financial payments broken down into periodic amounts (ongoing), by way of lump sum payments, or even by way of the transfer of property.

How do I know whether I am entitled to spousal maintenance?

The threshold requirements for a spousal maintenance claim can be found in the Family Law Act. Most importantly, it must be proven to the Court that the person applying for spousal maintenance is in need of such maintenance due to an inability to support themselves.

When such a “need” has been determined, it must still be established that the “paying” party has the financial capacity to make such payments. This is assessed by considering the person’s income, expenses and asset position. It must be determined that they have a capacity to pay maintenance to the party who seeks spousal maintenance.

How can I document a spousal maintenance arrangement?

Documenting a spousal maintenance claim can be done by way of Court Order or in a private agreement. For example, a common private arrangement could result in a Binding Financial Agreement.

How can we help you?

Attaining settlement in relation to a spousal maintenance matter can be complex and stressful.

Matthews Folbigg divorce lawyers specialise in spousal maintenance settlements for both married and de facto couples.

We have a team of solicitors including accredited specialists in family law who may provide succinct legal advice to you in a cost efficient manner.