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:
- a party has care of a child of the relationship who is under 18 years of age;
- a party cannot obtain appropriate employment due to age or physical or mental incapacity;
- a party has been out of the workforce for an extended period whilst caring for children and needs to re-train in order to obtain.
Get in Touch
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.