By Chloe Elkerton, Family Law Solicitor.
Divorce lawyers are often asked about rights to spouse maintenance. Spouse maintenance is financial support paid by a party to a marriage or de facto relationship to their former spouse after the relationship has broken down. The Court has the power to make an Oder for one party to pay spousal maintenance in circumstances where:
- One party is unable to support themselves and has an adequate reason for being unable to do so; and
- The other party is reasonably able to pay.
A question Divorce lawyers are often faced with, is, how much will I be required to pay?
In the recent case of Simpkin & Simpkin [2020], the trial Judge considered an application for spousal maintenance by a Wife who was in receipt of a disability support pension and was unable to work. On the other hand, the Husband was in a managerial position earning an annual salary of $240,000. [...]