Spousal maintenance (support) is where one person pays to help their ex-partner because they cannot support themselves. This is different to child support.
Spousal maintenance is an important consideration when marriages break down and property interests are being settled. Whether or not spousal maintenance is ordered, and if so, how much you or your ex-partner get is a complex decision that is based on the premise that after separation a spouse who can afford to do so should provide maintenance for the other spouse where he/she cannot provide for themselves.
A variety of considerations are prescribed to be considered by the court under the Family Law Act. These include: the ability of the other spouse to pay, the standard of living of the spouses, the income capacity of the spouse claiming maintenance and whether this has been negatively effected by the marriage, any child support that is being paid, the health of the spouses amongst many other factors.
How can Prime Lawyers help?
Prime Lawyers aims to assist you in your property settlement negotiations generally and more specifically, can advise you as whether spousal maintenance would be an appropriate consideration in your matter, and as to the merits of negotiating for or applying to the court for spousal maintenance. If an agreement cannot be reached our family lawyers are experienced in court litigation and will fight vigorously for your rights.
Please contact us on (02) 9521 2222 to speak with a family lawyer today. You can also send through your enquiry online now and we will contact you shortly.