12 months on - Has Australian Family Law changed for the better?
Significant changes were introduced to Family Law on 1…
Posted by: Fiona Browne, Associate
Spousal Maintenance is financial support paid by one party to the other. Evans Brandon Family Lawyers can provide excellent advice and service with our dedicated spousal maintenance lawyers.
Spousal Maintenance will only be payable where:
An Order is made to “top up” any shortfall that a party needs to support themselves.
The Court will make such Order as it considers proper.
A party may be eligible for Spousal Maintenance if they are unable to support themselves because:
Even if a party is eligible to receive Spousal Maintenance, the Court must still assess if the other party has the ability to pay Spousal Maintenance. The other party will only have the ability to pay Spousal Maintenance if they have excess income after paying their reasonable living expenses.
An application for Spousal Maintenance must be made within 12 months of your Divorce becoming final. If not made within that time, you will need to seek the leave of the Court.
Matters that may be taken into account by the Court in assessing whether an Order for Spousal Maintenance should be made include: