Once separated, you or your partner may require immediate financial assistance. This may be achieved through the provision of spousal maintenance. Our spousal maintenance and divorce lawyers can guide you through your divorce and separation and assist you with your immediate financial needs.
What is spousal maintenance?
Spousal maintenance is when one spouse provides ongoing financial support to their former spouse, whether it be for a married couple or a de facto couple.
A spousal maintenance Order can be financial payments by way of periodic amounts (ongoing), by way of lump sum payments or even by way of transfer of property.
How do I know whether I am entitled to spousal maintenance?
The Family Law Act sets out threshold requirements for a spousal maintenance claim.
It is important to be able to prove to the Court that the person applying for spousal maintenance is in need of such maintenance due to the fact that they are unable to support themselves.
Once the issue of “need” is established, it is then mandatory to be able to prove to the Court that the party who is being asked to pay maintenance has the capacity to do so. That means, that by considering that person’s income, expenses and asset position, that they are actually able to pay maintenance to the party who is asking for maintenance to be paid.
How can I document a spousal maintenance arrangement?
An arrangement for payment of spousal maintenance can be documented by way of Court Order or in a private agreement such as a Binding Financial Agreement, known as a Prenuptial Agreement.
How can we help you?
Reaching a settlement in relation to spousal maintenance issues can be complex and stressful.
Matthews Folbigg divorce lawyers specialise in spousal maintenance settlements for both married and de facto couples.
We have a team of solicitors including accredited specialists in family law who may provide succinct legal advice to you in a cost efficient manner.
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