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Spousal Maintenance
Spousal maintenance is quite different to child support, which is intended for the support of the children and is governed by the Child Support Agency. Spousal maintenance is a payment by one spouse to another, usually made weekly or monthly, to provide for the necessary financial needs of the former husband or wife, where they are unable to support themselves after separation. You can apply for spousal maintenance even if you are not seeking any other property settlement or getting a divorce.
Maintenance can only be claimed by people who have been married and only in limited circumstances. You will receive maintenance only if:
- You are unable to pay for your own reasonable expenses from your own income or assets; and
- Your spouse is able to financially assist you after meeting his or her own reasonable needs.
Because maintenance is determined on a "no-fault" basis it does not matter who or what caused the breakdown of the marriage. The fact that the person claiming maintenance was the one who left the marriage does not mean they are not entitled to maintenance.
Unlike child support there is no government agency that sets the amount of or collects the support. For spousal maintenance to be paid you need an agreement between the two of you or a court order. When deciding whether a spouse is entitled to maintenance and how much maintenance will be paid, a court will take into account a number of factors including:
- The age and state of health of both parties;
- Their income, property and financial resources;
- Their physical and mental capacity for appropriate gainful employment;
- Whether either party has the care or control of a child under 18 years of age;
- The standard of living reasonable in all the circumstances.
Unless otherwise agreed or ordered, spousal maintenance payments will end with either the death, or remarriage, of the person receiving the payments.
If a person is in receipt of a pension or allowance it does not mean that a Court will decide that they have a lesser need for assistance.
If you would like to make an appointment so that we can assess whether you are likely to be entitled to spousal maintenance, please call us on 1300 368 258 or click here
