Who pays spousal maintenance in Australia?
A former spouse or de facto partner who has the financial capacity to pay and can financially assist their partner may be required to pay spousal maintenance. The payer must have sufficient income or assets to meet their own reasonable living expenses while contributing to the other party’s reasonable living expenses.
Who is eligible to receive spousal maintenance?
A spouse or de facto partner who is unable to meet their own reasonable expenses due to limited income or resources and who cannot adequately financially support themselves after a relationship ends may be eligible to receive spousal maintenance.
What is an urgent order for spousal maintenance?
An urgent order for spousal maintenance is sought when one party requires immediate financial support to meet reasonable living expenses. The applicant must show they are unable to adequately support themselves and that the need for maintenance is urgent, often filed as a temporary order while awaiting the final determination.
How much is spousal maintenance?
The amount of spousal maintenance depends on both parties’ financial circumstances, including their income and assets and the respondent’s income. Financial support is determined based on the receiving party’s reasonable living expenses, the other party’s capacity to pay, and the financial needs of both individuals.
Do I have to pay spousal maintenance to my former partner?
You may be legally required to pay spousal maintenance if your former partner is unable to adequately support themselves, and you have the financial capacity to assist. The Federal Circuit and Family Court of Australia will assess your capacity to pay and the recipient’s financial needs to determine whether maintenance obligations exist.
How long does spousal maintenance last?
Spousal maintenance typically continues until the recipient can adequately support themselves or until certain conditions change. This may include remarriage, a significant improvement in the recipient’s financial position, or a mutual agreement to terminate payments. If agreed or ordered, spousal maintenance ceases once the recipient can meet their own reasonable expenses.
Are there time limits to apply for spousal maintenance?
Yes, there is a limitation period for applying for spousal maintenance. If married, an application must generally be made within 12 months after the divorce order is granted. If in a de facto relationship, the application should be made within 2 years after the relationship ends. Failure to apply within these timeframes can result in losing entitlement.
It’s important to speak to a family lawyer as early as possible to ensure you understand your spousal maintenance obligations and entitlements.
How is spousal maintenance paid?
Spousal maintenance is usually paid in periodic or lump sum payments to cover reasonable living expenses and may be ordered by the family court. The court will consider factors like income, financial obligations, and the recipient’s financial situation when deciding on payment terms.
