A party may have to financially support their former partner after the marriage or de facto relationship ends. The family law legislation imposes an obligation on a person to support their former spouse if that person is unable meet their own reasonable expenses. However, the court considers various factors, including the capacity of that person to pay the spouse. There are time limits that apply for the applications for spousal maintenance.
Spousal maintenance applications can be made on its own or in conjunction with financial or parenting orders.
You may receive or pay maintenance if:
The right to regular payments of spousal maintenance ends:
It may also end if the individual getting spousal maintenance adjusts their financial situation because:
The Court believes the needs of an applicant and the respondent’s capability to pay. The following list contains what the Court considers about both of you:
The Court also considers with whom children under 18 years of age or adult children who are disabled live.
You must apply for a Court order:
In order to end maintenance, you must apply to the court to change your maintenance orders. You can do this just as if you have last orders.