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Spousal Maintenance

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The Family Law Act provides that a person has a responsibility to financially assist their spouse or former de facto partner, if they cannot meet their own reasonable expenses from their personal income or assets. This obligation can continue beyond separation and divorce. The relevant factors the Court will consider when deciding whether to order spousal maintenance are the needs of an applicant and the capacity to pay of the respondent taking into account for each party:

  • age and health
  • income, property, and financial resources
  • ability to work
  • what is a suitable standard of living,
  • if the marriage has affected ability to earn an income,
The Court also looks at with whom the children (under 18 years of age or adult children who are disabled) live. Spousal maintenance is different to child support because it is a payment for a spouse, whether married or de facto. It is paid in addition to your entitlement to a property settlement.
We often come across people who, on the breakdown of their relationship, do not have enough money to live at a reasonable standard, while their partner goes on without financial burden. When people separate one party often stops paying for expenses such as the home mortgage, utilities, credit card debts, car maintenance and registration or children’s school fees. This leaves one party with not enough money to cover their own expenses.
 
The Family Law Act provides a mechanism by which this inequality can be addressed, where one party can obtain regular payments from their former partner until such time as a property settlement is achieved, or sometimes even far beyond that time. These payments, known as spousal maintenance, can even be made in a lump sum.
 
In our experience spousal maintenance is often overlooked in many applications which can be an expensive oversight. We apply our extensive experience in making and defending spousal maintenance claims to benefit your case.
 
Call one of our Family Lawyers for free initial telephone advice on your circumstances on 95258688.

Key People

sutherland shire lawyer greg dicksonGreg Dickson 

primary area of practice is litigation. In 1993, he became one of the first solicitors in New South Wales to achieve Accreditation as a Specialist in Family Law and Property Relationships Act Law. Greg is the head of our Family Law Division but also practices extensively in commercial and general litigation ...read more

sutherland shire lawyer kevin dwyerKevin Dwyer 

can advise you upon and conduct all Family Law and De Facto Relationship matters in the Family Courts at Sydney, Wollongong and Parramatta. Kevin can also assist you in Criminal Law and appear in Local Courts all over New South Wales in AVO and criminal proceedings as well as ...read more

Amanda DoringAmanda Doring 

is a Family Law Accredited Specialist with extensive experience drafting binding financial agreements and conducting urgent applications in the Family Court and Federal Magistrate’s Court as well as De Facto proceedings in the Supreme, District and Local Courts ...read more

Lisa O'Leary 

operates predominantly in the area of Family Law and De Facto Relationship dispute resolution in the Family Court, the Federal Magistrates Court, the Local and Supreme Court or by alternative dispute resolution procedures ...read more 

Nicola Morgan 

Nicola joined Warren McKeon Dickson in January 2009 as the recipient of the Warren McKeon Dickson Work Integrated Learning Scholarship offered in conjunction with the University of Wollongong.  ...read more 

 

 

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