Experienced family law experts in spousal maintenance

Parties have an obligation to provide spousal maintenance to their former spouse. A party will only be entitled to receive spousal maintenance from the other if:

1. The party has a need for spousal maintenance because they are unable to support themselves without an income tested pension or benefit; and
2. The other party has the capacity to meet the other’s financial need (in whole or in part).

It is important to note that Spousal Maintenance is not Child Support because it is about providing financial support to the former spouse, as opposed to financial support for any children of the former relationship.

Of course, any Child Support Assessment and provision of child support will be relevant to whether someone has a need for Spousal Maintenance and the other person’s capacity to meet such need.

If agreement is reached in relation to spousal maintenance, it can be formalised in two ways:

1. An application for Consent Orders can be filed with the Federal Circuit and Family Court of Australia, asking the Court to make Orders that reflect any agreement reached. There is no requirement to attend Court.; or
2. A Binding Financial Agreement can be prepared reflecting any agreement reached. Both parties must have legal representatives sign a Certificate of Independent Legal Advice for this option.

Legal advice should be sought as early as possible about whether you would be entitled to Spousal Maintenance.

The calculation of spousal maintenance in Australia is complex and varies depending on the specific circumstances of each case.

The court considers various factors, including the financial needs of the spouse seeking maintenance and the paying spouse’s capacity to pay. Other factors taken into account may include the age and health of both parties, their respective earning capacities and financial resources, the duration of the relationship, and any caregiving responsibilities.

The court aims to achieve a fair and equitable outcome, balancing the financial needs of the recipient spouse with the paying spouse’s ability to meet those needs. The duration of spousal maintenance payments may be temporary or ongoing, depending on factors such as the length of the relationship and the recipient’s ability to become financially self-sufficient in the future.

Spousal maintenance arrangements in Australia can be varied or terminated under certain circumstances.

Variations may occur if there is a change in either party’s financial circumstances, such as an increase or decrease in income, significant changes in living expenses, or changes in employment status.

Additionally, if the recipient spouse remarries or enters into a de facto relationship, this may impact their entitlement to ongoing maintenance.

Similarly, if the paying spouse experiences a change in financial circumstances that affects their ability to continue making payments, they may apply to vary or terminate an Order for spousal maintenance.

It’s essential to seek legal advice if you believe that circumstances have changed significantly since the original maintenance order was made, as the court will consider each case on its merits.