We offer professional advice relating to spousal maintenance
In circumstances where you are earning less than your former spouse or are not working at all, you may be entitled to the payment of spousal maintenance from your former spouse, such monies to be used to meet your weekly living expenses.
Spouse maintenance is for your needs, not the children’s needs, which is governed by the Department of Human Services. (please see our blog on child maintenance).
The Court will look at the justice and equity of situations, and if one partner has the capacity to assist the other financially then orders can and will be made for spousal maintenance to be paid until a certain event takes place, e.g. like finding employment or until the finances are divided on a final basis, with a lump sum component to deal with your future needs.
An important point to remember is spouse maintenance is not Alimony which is an American term and does not apply in Australia.
We can assist in such matters by:
- Providing advice as to your likely entitlements
- Negotiating with your former spouse on your behalf
- Providing advice if your former spouse is seeking payment of spousal maintenance from you
- Initiating Court proceedings seeking Orders with respect to spousal maintenance
We offer a full range of legal services around the area of Family Law
Our Team at Advance Family Law are committed to providing expert and ethical advice to our Clients in all aspects of Family Law. Learn more about Our Approach. Along with questions relating to spousal maintenance, we can assist with:
In all cases, wherever possible, we aim to eliminate or minimise the need for Court.
We offer a complimentary obligation-free 15-minute telephone consultation with one of our Gold Coast or Logan family lawyers for those seeking professional legal advice concerning spousal maintenance issues.
Frequently Asked Questions
1. What Is Spousal Maintenance?
Spousal maintenance in Queensland is a form of financial support. It is paid by a party to their former partner, for their own financial support. Spousal maintenance is different to child support/maintenance.
2. Do I Have to Pay Spousal Maintenance in Australia?
To obtain spousal maintenance, a party must be able to prove that they are unable to afford to pay their reasonable weekly living expenses. In addition, the other party, must be in a position to be able to afford to make payment of the financial support and effectively have monies left over each week, after the payment of their own living expenses.
3. How Much Is Spousal Maintenance?
There is no “rule of thumb” as to how much spousal maintenance is appropriate, as the income of each person differs and so does their reasonable weekly living expenses.
4. How Is Spousal Support Calculated in Australia?
Every situation is unique and the amount of spousal maintenance has to be assessed on an individual basis.
Should parties be unable to reach agreement as to the amount of spousal maintenance, the Court may consider the following factors in determining the amount:
- Both parties’ earning capacities;
- The obligation of either party as the primary child carer;
- A previous financial agreement made between the parties;
- Length of relationship (whether the relationship affected either party’s capacity for earning)
5. How to Apply for Spousal Maintenance in Queensland?
It is always best to amicably resolve matters, however, if parties are unable to reach agreement as to the payment of spousal maintenance, the Court may assist in determining what is appropriate, following an Application being made to the Court.
Seek Legal Advice from Advance Family Law
Advance Family Law is a Firm that you can rely on to provide spousal maintenance advice in Queensland. Reach us by emailing info@advancefamilylaw.com.au
You may also explore our website to learn more about how we may assist.
