As your trusted separation lawyer Melbourne, we will expertly guide you through the process of spousal maintenance, which refers to the financial support provided by one spouse to the other after the breakdown of a marriage or de facto relationship.
Spousal maintenance is payable if there is a substantial difference in the incomes of the spouses when you separate.
Guiding you as your separation lawyer Melbourne, you can apply to receive spousal maintenance and whether you qualify depends on several factors including your income and expenses, capacity to earn income and financial resources. It also considers your former partner’s capacity to pay for the maintenance.
The maintenance may be paid periodically or as a lump sum, depending on the circumstances.
Deanna advocates for an agreement to be made with your spouse before taking the matter to court. With a mediation-first approach, we can seek to come to an agreement without the added stress and financial pressure of legal proceedings.
If mediation fails, your Family Law solicitors in Melbourne, can file an application to the court seeking spousal maintenance.
Those seeking spousal maintenance must show that they are making reasonable efforts to financially support themselves through gaining employment.
As one of our top Family Lawyers in Melbourne, Deanna possesses a wealth of experience in handling complex and emotionally taxing cases. Let her provide expert guidance and advice throughout the process by taking advantage of her complimentary initial consultation, which can be scheduled by clicking here.
Did you know?
You only have 12 months from the date of your divorce to apply for spousal maintenance. And two years from the date of separation in de facto relationships.
How are spousal maintenance payments made?
What are the factors for spousal maintenance to be paid?
Factors which the court may consider when perusing a Spousal Maintenance application include:
- Whether the applicant has the care or control of the child of the marriage who has not yet turned 18
- Whether the applicant is of advanced age and/or of poor heath
- Whether there is a prospect of maintenance payments enhancing the recipient’s ability to earn an adequate income (for example assisting the applicant in funding his/her education or relevant training)
- Whether the applicant is of advanced age and/or poor heath
- Whether the party from which applicant is seeking spousal maintenance from, is in an adequate financial position to provide the appropriate maintenance.