Spousal Maintenance Central Coast
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Am I eligible for spousal maintenance?
A spouse may be eligible to spousal maintenance in some instances. To be entitled to spousal maintenance you must prove that:
- You alone are unable to sufficiently support yourself.
- That your former spouse is in a financial position capable of supporting maintenance payments.
If you are going through or have recently gone through a divorce, you must apply for spousal maintenance within 12 months of the Divorce Order becoming absolute, otherwise you must seek the permission of the Court to begin your case.
However, if you were in a de facto relationship, spousal maintenance must be applied for within two years of separation (if you are late regarding application, the same rules as divorcees apply to you).
Don’t wait – seek expert legal advice from the expert family lawyers in the Central Coast, Linda Emery and Associates. Call (02) 4323 4766 today!
What is Spousal Maintenance?
Spousal maintenance is financial support paid by one party to a former spouse or de facto partner after separation or divorce. It is intended to assist the lower-earning party when they are unable to adequately support themselves due to various circumstances, such as child-rearing responsibilities, age, health conditions, or limited earning capacity. In Australia, the obligation to pay spousal maintenance is not automatic; rather, it depends on the financial need of one party and the other party’s capacity to pay.
Who Can Apply for Spousal Maintenance?
Spousal maintenance may be available to individuals who were married or in a de facto relationship. Under the Family Law Act 1975, both spouses and de facto partners have the right to seek maintenance if they can demonstrate a genuine need for support and show that the other party has the financial capacity to provide it.
A party may be eligible to apply if they are:
- Unable to meet their own reasonable living expenses, and
- The other party has the financial means to assist.
Reasons a person might be unable to support themselves include caring for young children, illness or disability, being out of the workforce for an extended period, or not having the skills or experience to gain immediate employment.
Time Limits for Applying
It's important to note that strict time limits apply for filing a spousal maintenance application:
- Married couples must apply within 12 months of their divorced being finalised.
- De facto partners must apply within 2 years of separation.
In some cases, the court may grant permission to apply after this period if the applicant can demonstrate hardship or a valid reason for the delay. However, this is not guaranteed and is assessed on a case-by-case basis.
Types of Spousal Maintenance
Spousal maintenance can be structured in different ways depending on individual circumstances and court determination. Common types include:
- Periodic payments (e.g. weekly or fortnightly)
- Lump-sum payments
- Covering specific expenses such as rent, medical bills, or education costs
The court will take into account various factors such as age, health, income, property ownership, ability to earn, standard of living during the relationship, and the care of children.
Spousal Maintenance vs Child Support
It’s important to distinguish between spousal maintenance and child support. While child support is paid for the financial needs of children, spousal maintenance relates solely to the financial support of the former partner. They are separate legal obligations, and both may apply depending on the family’s circumstances.
How to Formalise an Agreement
Spousal maintenance arrangements can be formalised through:
- Consent Orders (legally binding and approved by the Family Court)
- Binding Financial Agreements (BFAs), which must meet specific legal requirements and be supported by independent legal advice for each party.
Seeking legal advice is strongly recommended to ensure your rights and responsibilities are fully understood before entering into an agreement.
Who is eligible for spousal maintenance?
You may be eligible if you can’t meet your own reasonable living expenses and your ex-partner can afford to support you. This applies to both married and de facto couples. Factors like age, health, income, and care of children are considered when determining eligibility and payment amounts.
How long does spousal maintenance last?
The duration varies. It can be short-term (to allow adjustment after separation) or longer-term, depending on individual circumstances. Courts may set a fixed period or review the arrangement. Payments can end if the recipient remarries, becomes financially independent, or if court terms expire.
How is spousal maintenance calculated?
There’s no fixed formula. The court assesses the financial needs of the applicant and the other party’s capacity to pay. It considers factors like income, expenses, earning capacity, and responsibilities (such as caring for children). The amount is intended to meet reasonable living costs, not necessarily to maintain past lifestyles.
