Spousal Maintenance

Spousal maintenance is financial support paid by a party to a marriage to their husband or wife (or former husband or wife) in circumstances where they are unable to adequately support themselves.

The Court can only make a de facto maintenance order if your de facto relationship meets certain jurisdictional requirements.

Types of Maintenance

There are mainly following types of spousal maintenance:

• Urgent Spousal Maintenance where immediate financial support is needed while waiting for the final decision on spousal maintenance, the court can make an urgent or interim order.
• Periodic Payments where spousal maintenance may be paid regularly like weekly or monthly.
• Lump Sum Payments where the Court may order a lump sum to be paid instead of ongoing periodic payments.

Maintenance Consideration Factors

The Court considers the needs of an applicant, and the respondent’s capacity to pay.

The Court considers the following about both of you:

• Your age and health
• Your income, property, and financial resources
• Your ability to work
• What is a suitable standard of living
• If the marriage has affected your ability to earn an income

The Court also takes into account with whom the children (under 18 years of age or adult children who are disabled) live.

Termination of Maintenance

The right to regular payments of maintenance ends if the person:

• Getting maintenance gets married again, unless there are special circumstances
• Paying maintenance dies

It may also end if the person getting maintenance improves their financial situation because:

• They are in a new de facto relationship
• Their responsibility for caring for children changes significantly
• Their earning capacity increases

New Relationship

You are not entitled to maintenance if you marry another person unless the Court otherwise orders.

Disagreement of Maintenance

If you still cannot agree, you can apply to the court for a financial order.

In a financial order, a court can order a person to:

• Pay money to another person by a certain time
• Transfer or sell property
• Split superannuation
• Sign documents
• Pay maintenance