A common question that we are asked by our clients is: What is spousal maintenance?
It is the financial support of a spouse to either a marriage or de-facto relationship in the event that they are unable to financially support themselves. An order can be made for the payment of spouse maintenance on either a periodic (weekly, fortnightly, monthly) basis, on a lump sum basis or, by way of payment to third parties, such as payment of rent, mortgage payments or payment for a motor vehicle.
An application for spousal maintenance can be made at any time after separation but must be made within 12 months of a divorce order being made unless leave is granted. An application for spousal maintenance in a de facto relationship can be made within two years of separation. An extension of time cannot be applied for in de facto relationship cases.
Spouse maintenance orders are not generally made for the long term. Generally, spouse maintenance orders are made to allow the party in need a period of time to enable that party to re-house themselves, complete a course of study or re-enter the workforce with a view to becoming self-sufficient.
Do I have to pay my spouse maintenance?
Each party to a marriage or a defacto relationship has the liability to financially support the other party to that relationship. The court has the power to order a spouse maintenance if:
- the applicant is not able to meet his or her own reasonable needs; and
- the respondent has the capacity to pay or to contribute to those needs
What is Spousal Maintenance?
How much do I need to pay?
The amount to be paid is dependent on the particular circumstances of your matter and will depend on your income and reasonable living expenses and outgoings and that of your spouse. There is no set amount that is applicable to all matters.
Who is entitled to Spouse Maintenance in Australia & who must pay?
A person to a marriage is liable to maintain the other person by way of spouse maintenance payments to the extent that the paying person has the capacity to do so AND the person receiving the financial support is unable to support himself or herself adequately by reason of:
- having the care and control of a child of the marriage under the age of 18 years;
- their age or physical or mental incapacity for gainful employment; or
- for any other adquate reason, including such things as family income and resources, commitments to support oneself and children, and the
- standard of living that is reasonable within the context of the family.
Contact Us
When seeking advice about financial issues following marriage breakdown, please speak to one of our Accredited Specialists at Watts McCray as to your eligibility, or liability, for spousal maintenance in Australia and how it might assist you in your situation. If you are unsure of your rights in any given situation, they will help to clarify the issue, explain what you may be entitled to, and explain the process of applying for maintenance payments from your former partner or spouse
