Spousal maintenance is a form of financial support paid by one spouse or de facto partner to the other after a relationship or marriage has ended, in the event that one is unable to meet their own needs from their own sources of income. It is designed to assist the recipient spouse to meet their reasonable expenses, particularly when they are unable to support themselves through employment or other means.In Australia, spousal maintenance is governed by the Family Law Act 1975, which sets out the circumstances in which spousal maintenance may be ordered.
These circumstances include situations where one spouse is unable to adequately support themselves due to age, health, or caring responsibilities, and if any of those circumstances exist, the court is then empowered to make an order for spouse maintenance where the other spouse has the financial capacity to provide support. The amount and duration of spousal maintenance payments depends on the facts of each ease. Spousal maintenance can be ordered as a lump sum or as ongoing periodic payments. It can also be negotiated and agreed upon by separated couples outside of court.
When determining whether to order spousal maintenance, the court will take into account a range of factors, including the income and earning capacity of each spouse, their financial resources and obligations, and their standard of living before the separation.
The court will also consider the length of the relationship, the age and health of the parties, and any other relevant factors. Spousal maintenance can be a complex area of family law, and it’s important to obtain legal advice if you are considering seeking or responding to a spousal maintenance application. A family lawyer can help you understand your rights and obligations, negotiate on your behalf, and work towards achieving a fair and reasonable outcome for all parties involved.
We provide specialist advice on spousal maintenance, helping you understand your rights and obligations and navigate financial support arrangements following the breakdown of a marriage or de facto relationship.
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Spousal maintenance is the provision of financial support by one partner to the other after separation. It is to assist the financially disadvantaged party to meet their reasonable living expenses, in the event that the disadvantaged party cannot meet their own financial needs from their own sources of income. The Court will consider the need of the financially disadvantaged party and the financial capacity of the other party to meet the shortfall in the other party’s expenses.
There is no strict formula for the calculation of spousal maintenance and it is determined on a case-by-case basis. The Court considers various factors in determining the amount of spousal maintenance to be paid including:
1. The financial needs of the disadvantaged party;
2. The financial capacity of the other party to meet the disadvantaged party’s need;
3. The standard of living maintained during the relationship.
In certain circumstances, spouse maintenance orders can be varied or ceased. These orders are usually the subject to change based on the changing financial circumstances of each party. Some circumstances where spouse maintenance orders are varied or ceased include a change in financial circumstances, change in living arrangements or relationships, retirement, re-marriage or entering into a new de facto relationship by the person receiving maintenance, by consent of both parties, an application made to the Court by one party or the death of a party.
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