Spousal maintenance is financial support provided by one spouse to the other following a separation or divorce. It is designed to help the lower-earning spouse maintain a reasonable standard of living post-separation.
In Australia, spousal maintenance can be sought by either party and is not automatically granted. To be eligible, the applicant must be able to demonstrate that they are unable to support themselves adequately after the separation, and that their former spouse has the financial capacity to provide support.
Factors that can impact a spousal maintenance claim include the length of the relationship, the age and health of the parties, and their respective earning capacities. Additionally, the court will consider the standard of living during the relationship and any contributions made by the parties to the relationship, including financial and non-financial contributions.
Spousal maintenance can be paid on a periodic basis, such as monthly payments, or as a lump sum payment. The amount of spousal maintenance awarded will depend on the specific circumstances of each case.
Geelong Legal can provide you with expert advice on spousal maintenance and help you navigate the complex legal issues surrounding separation and divorce. We can assist you in negotiating a fair settlement that takes into account your financial needs and obligations.