Spousal Maintenance Advice in Fremantle & Perth
Spousal maintenance refers to financial support paid by one party to the other after separation. Under Australian family law, a party may be required to pay spousal maintenance if their former partner is unable to adequately support themselves.
Am I Entitled to Spousal Maintenance?
To be eligible for spousal maintenance, you must demonstrate that you are unable to support yourself adequately, and that your former partner has the capacity to pay. Relevant factors include:
- Age and health of both parties
- Financial resources and income-earning capacity
- Whether a party has the care of children under 18
- Commitments necessary to support yourself or a dependent child
- The standard of living that is reasonable in the circumstances
- The duration of the relationship and its effect on earning capacity
Urgent Maintenance Orders
In urgent situations, the court can make interim spousal maintenance orders. Our lawyers can advise you on your rights and act quickly to secure urgent relief if required.
Time Limits
Applications for spousal maintenance must be made within 12 months of a divorce becoming final, or within 2 years of a de facto relationship breakdown. Contact us promptly for advice.