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Spousal Maintenance for Married Couples
If you are unable to financially support yourself adequately after separation, you may be entitled to receive spousal maintenance.
The level of spousal maintenance depends in the first instance on the needs of the person making the application and the financial capacity of the former partner to meet that need.
In assessing needs and capacity the court ignores any social security allowance or pension that is being paid to the person applying for spousal maintenance.
The person making an application proves that he or she has a need for spousal maintenance by establishing one of the following:
- They have the care and control of a child of the marriage who is under 18 years of age;
- Their age or physical or mental incapacity impedes their ability to work;
- Any other adequate reason.
Normally spousal maintenance claims are dealt with at the time of property settlement. However, you can make a spousal maintenance application on an urgent, interim or final basis separately from a property settlement application.
Spousal maintenance orders are usually made for a limited period. The court will take into account the age or any disability of a party in considering the timeframe for the order.
Generally the Family Court expects both parties to make reasonable efforts to get paid work if they can. However, the Family Court accepts the need for a party to care for children, especially those not yet at school. The Family Court often allows a spouse who has not been in employment to receive spousal maintenance while they find work or re-train.
Please contact us to obtain detailed advice regarding spousal maintenance.
Level 15, 175 Liverpool Street
Sydney NSW 2000 Australia
PO Box 21117
World Square NSW 2002 Australia
175 Liverpool Street Parking Station, Entrance via 26 Nithsdale Street
Phone 1800 7275 464 - Closes at Midnight
Goulburn Street Parking Station, Cnr Goulburn & Elizabeth Streets
Phone 1800 727 5464 - Closes at Midnight
The content on this site is not intended to provide legal advice. It is general information only. You should not rely upon it as legal advice. If you would like to discuss anything of interest or concern to you, please contact us. Nothing arising from the information on this site is intended to create a legal relationship between us and any reader.
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