Spousal Maintenance
Lawyers Sunshine Coast

Spousal Maintenance is a form of financial support that one party may be required to pay the other following a break-up, separation or divorce, if they are unable to support themselves.

There are two types of Spousal Maintenance – urgent and general. Urgent, as the word suggests, means that there is sufficient proof of need on an immediate basis. This needs to satisfy a Family Law Court that one party to a former relationship or marriage, should support the other party via an Order.

Urgent Spousal Maintenance: This type of spouse maintenance support indicates an immediate need for financial support. To grant this, there must be compelling evidence presented to the Family Law Court to show the necessity of one party supporting the other immediately.

General spousal support: Where there is not an urgent need for one party to obtain a spousal maintenance payment, the application for spousal maintenance is referred to as a general spousal maintenance application.

Spousal Maintenance is similar to property settlement, in that it involves a detailed assessment of each party’s financial position, and a decision as to whether their financial position needs adjusting.

Unlike Child Support, which is overseen by a Federal Government Department (the Child Support Agency), Spousal Maintenance is overseen by a Family Law Court.

While both Child Support and Spousal Maintenance are financial supports, spousal maintenance and child support serve different purposes. Child support is a commitment managed by the Child Support Agency, designed solely for the welfare of the child. In contrast, spousal maintenance falls under the umbrella of Family Law spousal maintenance, overseen by the Family Law Court. This maintenance ensures financial stability for both parties, taking into consideration factors like income, age, health, and current living standards.

Yes, Spousal Maintenance can apply to a De Facto Relationship. This type of financial support paid to a party following the breakdown of a De Facto Relationship is called De Facto Maintenance, and is paid in certain circumstances where one party is unable to support themselves due to financial circumstances.

When an application for spousal maintenance is lodged, one party is seeking to obtain spousal maintenance from a former de facto partner or former spouse. The matter will be brought before the Family Law court for consideration after the application for spousal maintenance is brought forward.

Before agreeing on general spousal maintenance, most couples often wait for the property settlement agreement. Sometimes spousal maintenance is granted as part of the property settlement between the parties.

When the matter is brought before the court, either following an application for spousal maintenance, or during the property settlement, the court will decide on whether any spousal maintenance payment or ongoing payments should be provided by the other party.

Spousal Maintenance can be a complicated topic, as many factors can impact whether or not spousal maintenance payments are required, what the maintenance payments are, how often spousal support must be paid and how long for. However, we specialise in this area and are able to provide you with all of the information and guidance you need.

As a leading authority in Family Law spousal maintenance on the Sunshine Coast, we are well-equipped to provide the clarity and expertise you require. Just get in touch with our friendly team to learn more.

Spousal Maintenance doesn’t follow a fixed formula. Each case varies, and it’s based on a thorough evaluation of both parties’ financial status. If one party lacks the means for reasonable living expenses and the other has the financial capability, then spousal maintenance Family Law might come into play. Factors like the parties’ age, their physical and mental condition, employability, what the court deems as reasonable living expenses for the situation and other circumstances are crucial in determining the amount and duration of the maintenance.

General spousal maintenance requires proof that not only does one party have an immediate need for support because they can’t work or can’t earn enough to pay their costs of living, but that the other party has the capacity to contribute to those costs of living.

It is rare for parties in a relationship to agree on Spousal Maintenance being paid before a property settlement is agreed to.

Most often, if there is an urgent need, an Application to a Family Law Court is necessary, and then it is for that Court to determine if spousal maintenance should be paid.

Spousal Maintenance can often be included as part of a property settlement with the other party. This may be by agreement or Court Order and may be with the intention that there will be no more claims made.