Spousal Maintenance

Spousal Maintenance Separation Lawyer Melbourne - Advocate Lawyers

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?

Under the Family Law Act (1975), the Court has, among other things, the power to order periodic payments and the transfer of property to one’s ex-partner for the purpose of spousal maintenance. Spousal Maintenance is not automatic upon separation or divorce. An application for spousal maintenance in most cases must be made no longer than 12 months after a divorce becomes final. In granting a spousal maintenance order, the Court will consider the circumstances of the parties, with the objective of balancing the needs of one party with the capacity of the other party to pay for such needs and requirements.

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.

Find out more

If you need to know more about spousal maintenance and how it applies in your circumstances, book a free consultation with Deanna by completing the form below.

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Book a free initial 30 minute consultation and I will guide you to the next steps.