Spousal Maintenance

Former spouses and former de facto partners are sometimes entitled to receive spousal maintenance. Spousal maintenance orders are now relatively unusual and are usually only made for a defined period to enable a financially disadvantaged former spouse to re-establish themselves after the breakdown of a marriage.

In determining whether to order the payment of spousal maintenance the Court will consider the income and other financial resources of each party to determine if there is a need for one party to receive spousal maintenance and whether the other person has the capacity to pay it. The Court will not take into account any means tested pension, allowance or benefit that the person who is asking for spousal maintenance receives, and any such pension, allowance or benefit that the person receives is likely to be reduced if an Order for spousal maintenance is made.

Spousal maintenance orders can be made prior to or at the same time as the finalisation of a property settlement. Occasionally spousal maintenance orders will be made after the finalisation of property settlement.

At KJB Law we can assist you by:

• Providing you with advice as to the likelihood that an Order would be made for the payment of spousal maintenance to you or by you;
• Drafting paperwork to formalise any agreement that you and your former spouse or partner have reached in relation to spousal maintenance;
• Negotiating on your behalf or representing you in Court proceedings in relation to spousal maintenance

Enquiries

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