Spousal Maintenance

Spousal maintenance may be payable by either party to the other party following a separation in marriages and eligible defacto relationships. In deciding whether a spouse is entitled to maintenance (and the amount of maintenance), a Court will take into account a number of factors, including:

  • Age
  • Capacity for employment
  • The circumstances of the children - particularly minors.

Spousal maintenance paid periodically or lump sum

Spousal maintenance can be paid periodically or in a lump sum. A spousal maintenance order can be varied if there is a change to either party's financial circumstances.

An application for Spousal Maintenance can be made immediately following separation - you do not have to wait for divorce proceedings to complete your application. However, it must be lodged within 12 months of a divorce application reaching decree absolute or within 2 years of the end of a defacto relationship. Any application after this date will need to convince the Court that there are special circumstances that would allow the application to proceed.

To find out how we can help in Spousal Maintenance matter please phone 08 8444 7777 for your free initial telephone discussion.

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