What's happening?
Spousal maintenance is financial support that one party may be required to pay to a former spouse or de facto partner after separation, separate from any child support arrangements. It generally applies where one party cannot adequately support themselves and the other has the capacity to help.
Whether spousal maintenance is payable, and how much, depends on the specific circumstances of both parties, including income, financial resources, age, health and care of children.
What could it mean for me?
- Spousal maintenance is separate from property settlement and child support
- It can be paid periodically, as a lump sum, or a combination, depending on what is agreed or ordered
- Eligibility depends on need and the other party's capacity to pay
- Arrangements can potentially be reviewed if circumstances change significantly
What are my options?
- Negotiate an arrangement directly with the other party
- Seek an interim arrangement if urgent financial support is needed
- Apply to the court if agreement cannot be reached
- Formalise any agreement through consent orders
What happens next?
- Discuss your financial circumstances and needs with a family lawyer
- Gather relevant financial information
- Raise the matter with the other party or their solicitor
- Formalise any agreement, or apply to the court if required
How can MGE Lawyers help?
MGE Lawyers advises both people seeking spousal maintenance and those responding to a claim, explaining the general factors a court would consider.
We can assist with negotiating an arrangement or, where needed, representing you in an application to the court.