Under the Family Law Act 1975. maintenance is a form of financial support provided to an individual for reasonable living expenses. In regards to spousal maintenance, this is a payment made to a former spouse following a separation or the end of a de facto relationship.

Either spouse can apply for spousal maintenance if:

• You are separated but still married.
• You were married, now divorced, and it has been less than 12 months.
• You were in a de facto relationship and it has been less than two years since the date of separation.

Spousal maintenance arises when one of the parties cannot earn a sufficient income to meet their reasonable living expenses. This may arise due to one of the parties not working in paid employment throughout some or all of the marriage or relationship, resulting in them being unable to be self-sufficient immediately following separation or divorce. In these circumstances, spousal maintenance is designed to support the former spouse for a period of time.

A spousal maintenance order can last for any amount of time, it is entirely dependent on the specific circumstances of the individuals. For example, spousal maintenance can be paid ongoing while divorce proceedings are finalised or continue ongoing beyond this point if the spouse receiving maintenance payments has no capacity to earn their own income. On the other hand, spousal maintenance can also be paid in one lump sum at the end of a financial or property settlement.

Spousal maintenance payments vary between matters, the court may take into consideration various aspects such as each party’s income earning capacity, their reasonable living expenses in the circumstances and any shortfall between income and reasonable expenditure. The court will also consider any surplus income of the party requested to pay circumstances, then the court will determine a reasonable amount to be paid and the appropriate time frame.

The end cost of reaching a dispute resolution can differ significantly from case-to-case, as it depends on the amicability of the parties involved, the complexities of your family dynamics and various assets, which can be further complicated by international laws if any assets are located internationally. The overall cost of a family lawyer is dependent on the individual case and the needs of the family you’re working with. To discuss your legal needs with leading family law specialists, book a FREE 15 minute consultation.