Family Law Firms Brisbane

Spousal maintenance is a crucial legal provision that provides financial support to a former spouse or de facto partner following separation or divorce. Whether you are seeking spousal maintenance or may be required to pay it, understanding your rights and obligations is essential.

What is Spousal Maintenance?

Spousal maintenance is financial assistance paid by one partner to the other when they are unable to adequately support themselves after separation. Unlike child support, which is specifically for children, spousal maintenance is designed to help the lower-earning or non-earning spouse maintain a reasonable standard of living.

Who is Eligible for Spousal Maintenance?

Eligibility for spousal maintenance depends on several factors, including:

• The financial needs of the applicant
• The ability of the other spouse to provide support
• Age and health conditions of both parties
• The duration of the relationship
• Responsibilities for caring for children from the relationship

A court will assess these factors before deciding whether spousal maintenance should be awarded.

How is Spousal Maintenance Calculated?

There is no fixed formula for calculating spousal maintenance, but courts consider:

• Each party’s income, expenses, and financial resources
• The applicant’s ability to work and earn an income
• The standard of living established during the relationship
• Any other relevant circumstances

How Long Does Spousal Maintenance Last?

Spousal maintenance is generally awarded for a limited period, allowing the recipient time to become financially independent. However, in some cases, particularly where the recipient has long-term health conditions or is unable to re-enter the workforce, ongoing maintenance may be required.

How to Apply for Spousal Maintenance

If you believe you are entitled to spousal maintenance, it is important to act quickly. Applications for spousal maintenance must be filed within 12 months of divorce for married couples or two years of separation for de facto couples. Consulting a family lawyer can help you understand your legal options and secure the financial support you need.

Can Spousal Maintenance Be Changed?

Yes, spousal maintenance orders can be modified if there is a significant change in circumstances. If either party’s financial situation changes—such as a job loss, remarriage, or substantial increase in income—a review of the maintenance order may be requested.

Get Expert Legal Advice

Navigating spousal maintenance laws can be complex. Seeking legal advice from an experienced family lawyer ensures you understand your rights and obligations. If you need help with spousal maintenance, contact a professional to guide you through the process and advocate for a fair outcome.

For expert assistance with spousal maintenance matters, reach out to our legal team today!