If you do not have your own income or only limited income, the period following separation can be a difficult time trying to meet your normal living expenses even apart from possible legal costs. At LGM Family Law we understand the stress that this can involve. We can assist you to determine whether or not you have a viable case for obtaining spousal maintenance, whether on an interim basis before final Orders are made and/or as part of final orders.
Time for an Application for Spousal Maintenance
An application for spousal maintenance must be filed in the Court within 12 months of a divorce or within two years of separation (in the case of a de facto couple).
Form of Agreement for Spousal Maintenance
Spousal maintenance may be paid pursuant to a binding agreement reached between the parties or by Order of the Court, whether issued by consent of the parties or mandated by the Court.
Purpose of Spousal Maintenance and Period Over Which it May be Paid
The primary purpose of maintenance is to adjust for any disparity between the relative income or earning capacity of the parties on the basis of their respective needs.
Where it is appropriate to be made, spousal maintenance is generally ordered for relatively short periods of time, eg, some 2 or 3 years, in order to allow a party to re-train, obtain employment and re-establish himself or herself.
Establishing a Claim for Spousal Maintenance
In order to establish a claim for spousal maintenance, one party must have the capacity to pay and the applicant must not be able to support himself or herself adequately.
A need for maintenance may arise where:
We prefer to meet you in person but are happy to have a telephone consultation if this suits you. At an initial consultation, we will take some particulars from you so that we can provide you with advice about the likely outcome at family law for your particular circumstances and estimated costs if you wish to proceed further.
Free Phone Consultation: (07) 3506 3651
