The Family Law Act states that if a person cannot meet their own reasonable expenses from their personal income or assets, there may be circumstances in which a former partner has a responsibility to financially assist that person. In certain circumstances, separating couples can have an obligation to provide ongoing financial payments in the form of weekly or lump sum payments. This obligation can continue until the death of one of the former partners, or when this former partner has the capacity to support themselves. Generally, spousal maintenance will only be ordered where there is a significant disparity in the income of the parties and where a clear expiry date (or expiry event) for the payments is given.
Additionally, the court may consider factors such as whether the claimant has married another person, the respondent’s capacity to pay, the age and health of the parties, and the income, property, and financial resources of the parties. Common circumstances in which spousal maintenance may be ordered include where one party has had to give up work to care for young children, is unable to work due to ill health or disability, or is caring for adult children who are disabled.
There is a strict time limit if you are applying for spousal maintenance the first time. It must be within one year of a Certificate of Divorce being issued for married couples, and within two years of separation for de facto couples.
Should you require any legal advice or assistance in your family law matter, please do not hesitate to contact Ters Legal.
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