Family law spousal maintenance
Expert spousal support lawyer in Adelaide, South Australia
When a relationship ends, there are many things to consider and organise, for example, arrangements for children and pets, property division, and planning where to live. There’s also the question of what income both parties will have to live on. This is one of the most immediate practicalities to sort out.
If one party has significantly less income than the other, spousal maintenance may help to bridge that gap. Whether you’re the person making or receiving the payments, having some knowledge is an excellent starting point for every client. Here’s some important information about family law spousal maintenance and how it works.
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Frequently asked questions about family law spousal maintenance
What is spousal maintenance?
Sometimes, after a separation, one person may be required to provide financial support to their former partner. This is known as spousal maintenance.
If you wish to receive spousal maintenance, we can help you apply to Court. The application can be made together or separately from an application for family law property orders.
Many people are unaware that they may have to pay spousal support to their former partner. Others are unaware they may be eligible to receive spousal support. That’s why it’s vital to seek legal advice from an experienced family lawyer to understand your rights and obligations after separation.
Is spousal maintenance the same as child support?
No. Spousal maintenance is entirely separate from child support. Here’s why they’re different:
- Child support is intended to provide financially for children
- Spousal maintenance specifically addresses the financial needs of a former spouse
Does spousal maintenance apply to de facto and same-sex relationships?
Yes. Spousal maintenance applies to married couples and de facto relationships, whether same-sex or heterosexual.
The criteria for claiming spousal maintenance are essentially the same for both types of relationships. It often surprises people that they may owe maintenance simply because they lived with someone in a de facto arrangement.
What’s the difference between spousal maintenance and a property settlement?
There are important differences between property settlements and spousal maintenance:
- Property settlements deal with dividing the assets and property of the parties after separation
- Spousal maintenance is about providing financial support based on income and resources
Although many people recognise the need for a financial settlement, they often don’t realise ongoing spousal support is possible.
When appropriate, spousal maintenance should be considered alongside property division.
When is spousal maintenance payable?
Unlike property settlements, there’s no automatic right to spousal maintenance.
If you’re seeking spousal maintenance, you must show that you can’t adequately support yourself and that the other party can provide financial support.
The Court will consider many things when deciding whether to award spousal maintenance, including:
- The care and responsibility for children under 18 years old
- The age and health of both you and your former partner
- Each party’s ability to work
- The income, assets, and financial resources of both you and your former partner
- The financial obligations and responsibilities you each have for yourselves and others
- Eligibility for government benefits or pensions
- A reasonable standard of living based on the circumstances
- Whether support payments would help increase the other party’s earning potential
- Obligations to creditors (for example, for mortgage repayments or credit card debt)
- Contributions made by either party to the other’s income or financial capacity
- The length of the marriage
- Living arrangements, for example, if either of you is living with a new partner
- Any existing property settlements
- Child support payments and obligations
- The terms of any binding financial agreements
- Anything else that the Court may think is relevant.
The Court’s discretion is broad, and decisions are made based on the unique details of each case.
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If you need advice about getting spousal maintenance or you’re facing a claim from your former partner, getting expert help is a crucial step.
Our experienced family lawyers offer trustworthy, skilled and affordable guidance and will advocate for your financial rights.
Get in touch to learn more about how we can help you with family law spousal maintenance.