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Spousal Maintenance
An Order for Spousal maintenance means that a spouse with sufficient means may, in some circumstances, have the responsibility of financially assisting their former spouse if he or she cannot meet their own reasonable expenses from their personal income or assets.
In an Application for Spousal maintenance the Court takes into account a variety of factors. These factors include:
- The needs of the applicant;
- The other spouses capacity to pay;
- Which party a child may live with;
- The age and health of the parties;
- The income and property of the parties; and
- Whether the marriage has affected a party’s ability to earn income.
Entitlement to spousal maintenance ceases upon one party remarrying, and if a party enters into a de facto relationship, the Court will consider this in assessing whether that party is able to adequately provide for their own support.
It is important to note that applications for spousal maintenance must be
made within 12 months of your divorce becoming final. If you do not apply within
this time, you will need special permission of a court. This is not always granted.
Spousal Maintenance is not available for people in de facto relationships.
For the rights of people in de facto relationships please see our sections on
de facto property.
Click here to ask Andrew Wiltshire and the team more about this Service
