Do You Need to Deal with Spousal Maintenance After Divorce or a Separation?
For many men and women, this question is an immediate concern when a relationship breaks down. Life’s expenses are easier to bear with two incomes. Or, with one partner contributing the majority, or all the household income. So, it’s quite normal for people to become accustomed to their regular standard of living.
When a couple separates, it means they also separate financially. As a result, one party may be unable to meet their needs without the previous household income. Understandably, this situation can be devastating, both financially and emotionally.
The Family Law Act foresaw such circumstances and included a framework for the payment of spousal maintenance; a means to support an individual during separation or after divorce until their income is sufficient again. This framework applies to both married and de-facto couples who separate.
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Spousal maintenance doesn’t provide only a bare-bones level of existence. It does allow for reasonable expenses such as self-education and general lifestyle.
Hayley Cunningham – Accredited Specialist (Family Law)
How do you work out if a person is entitled to spousal maintenance?
There are a number of factors, but the questions to be asked include:
What are the applicant’s reasonable needs?
Does the applicant have the earning capacity to meet those reasonable needs?
If not, what is the reason?
What is the respondent’s earning capacity?
What are the respondent’s reasonable needs?
After the respondent meets his/her reasonable needs, is there any remaining capacity to pay?
Reaching a Spousal Maintenance Agreement
You and your former partner can come to a private agreement for spousal maintenance, or the Court can make an order for the payment of spousal maintenance. The Court can make different types of spousal maintenance orders:
- Urgent spousal maintenance – These applications are rare, and typically apply when one party is “cut off” financially and unable to meet their immediate needs.
- Interim spousal maintenance – A temporary arrangement for financial support pending the finalization of proceedings.
- Final – The proceedings have come to an end, and a final order for maintenance has been made. However, spousal maintenance orders are able to be varied later if circumstances have changed.
At Family Law Group Solicitors, we can advise you on an appropriate spousal maintenance settlement, and help negotiate that outcome.
Reach out to us to schedule your initial consultation.
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What You Can Expect from Us as Your Family Lawyers in Brisbane
We understand that this can be a stressful time, especially as you seek to protect property that you feel is rightfully yours. Whether you need to make arrangements to divide property or you need help untangling the additional complexities inherent in a financial settlement after separation, our team is here to provide you with access to many years of combined experience and a focus on an acceptable outcome.
Using our services, you can expect:
Clear, honest insights and advice from the moment you choose to engage our services. We waste no time in aiding our clients by laying out the facts and the various options you have for proceeding.
Robust representation before the courts when necessary. Though putting settlements in the hands of the court will tend to make orders within a predictable range of outcomes, having solicitors that understand the procedures and know how to argue in your favour is essential.
An advocate in your corner. During a divorce or separation, it can feel as though you’re in this alone. We work to ensure that you know you’re not; we are here to advocate for your best interests.
Let Our Team of Expert Family Lawyers Help with Your Matter
If you are involved in a family law dispute and concerned about your rights and entitlements, we can help.
See What our Clients Have to Say About Our Family Law Services
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