Spousal Maintenance

Spousal maintenance (sometimes called spousal support), is ongoing financial support provided by one party to another when a relationship ends. This includes marriages, civil unions and defacto relationships of three or more years. Spousal maintenance is different to child support payments and may be paid in addition to child support. It is normally in the form of direct periodic payments but in some cases could include bills such as payment of mortgage instalments, rates, insurance and other outgoings on the family home occupied by the non-paying spouse.

Spousal maintenance can only be claimed in certain circumstances. The Court will consider a range of factors in coming to a decision. These include the earning potential and expenses of each party, the standard of living while the parties lived together, and whether one party has made sacrifices to their career to further the other party’s career (for example where one party stays at home to raise children or run the household).

Spousal maintenance is generally a temporary arrangement, to assist the other party while they are becoming financially independent. For example, while they are rejoining the workforce or up-skilling to increase employment opportunities.

We have significant experience in this area, acting for both parties. Please arrange an appointment to discuss your situation and we will be able to explain the law in detail and advise you of your options.