Spousal maintenance is an important aspect of Australian family law, providing financial support to a former spouse or de facto partner after separation or divorce. This article explains what spousal maintenance is, when it may be awarded, and the key factors the court considers.
What Is Spousal Maintenance?
Spousal maintenance is a payment made by one party to their former spouse or partner to assist with living expenses when they are unable to adequately support themselves.
It is separate from child support, which is specifically for the care of children.
When Can Spousal Maintenance Be Claimed?
A person may claim spousal maintenance if, after separation, they cannot meet their reasonable living costs and the other party has the capacity to pay.
Common reasons for needing support include:
- Caring for young children
- Age or health issues affecting the ability to work
- Limited earning capacity due to time spent out of the workforce
Types of Spousal Maintenance
Spousal maintenance can be arranged in several ways:
- Periodic payments: Regular payments made weekly, fortnightly, or monthly
- Lump sum payments: A one-off payment
- Payment of specific expenses: Covering costs such as rent, utilities, or medical bills
Time Limits
Applications for spousal maintenance generally need to be made within 12 months of a divorce becoming final, or within two years of the end of a de facto relationship. Extensions may be granted in limited circumstances.
Conclusion
Spousal maintenance can provide important financial support for those unable to adequately support themselves after a relationship ends. The court considers factors including the applicant's financial needs and the other party's capacity to pay, with the aim of achieving a fair outcome for both parties.
Understanding your rights and obligations regarding spousal maintenance can help you make informed decisions during family law proceedings.