If you’re facing financial hardship following a separation, you may be eligible for spousal maintenance. In family law, “spouse” includes not only married couples but also de facto partners, meaning that both legally married and de facto relationships are considered when it comes to claims for spousal maintenance.
Spousal maintenance is separate from property settlement and comes into play when one spouse is unable to support themselves financially due to incapacity, illness, or other inhibiting factors. To be eligible for spousal maintenance you need to prove two things:
- You have a genuine need for financial assistance
- The other spouse has enough disposable income, after meeting their own living expenses, to contribute toward your support.
The purpose of spousal maintenance is to provide short- to medium-term financial relief. This can include supporting the spouse through a period of education or training aimed at improving their employment prospects and overall ability to support themselves. The idea is that the support is temporary, providing the recipient with the opportunity to become financially independent.
It is not common for a paying spouse to voluntarily agree to provide spousal maintenance, which is why many individuals seeking support must apply to the family law courts for a decision. In such cases, the court will consider numerous factors, including the financial needs of both parties and their ability to meet those needs. A significant part of the court’s assessment involves examining the weekly living expenses claimed by each party to determine if they are reasonable. The court aims to strike a balance between ensuring the financial security of both parties while encouraging independence.
If you are struggling financially following a separation and believe you may have grounds for a spousal maintenance claim, it is essential to seek expert legal advice. At Freedom Family Law, we can provide tailored advice, help you understand your entitlements, and develop a strategy to improve your financial situation. Contact us on 07 5409 8000 for a free initial consultation to discuss your options.