Spousal Maintenance Lawyers

Spousal maintenance in Queensland is a form of financial support that one partner may be required to pay to the other after a separation or divorce. It is designed to help the lower-earning party maintain a reasonable standard of living.

Unlike child support, which is for the financial needs of the relationship’s child, spousal maintenance specifically addresses the financial needs of the former partner. Under the Family Law Act 1975, spousal maintenance applies to married and de facto relationships.

To be obligated to pay spousal maintenance in Australia, two conditions must be met: the party requesting maintenance must prove that they cannot meet their reasonable expenses, and the other party must have the financial capacity to provide support after covering their reasonable living expenses.

The Federal Circuit and Family Court of Australia considers these factors before issuing a court order. Each party’s financial situation will be reviewed, including their income and liabilities.

Unlike child support payments, Australia has no fixed “rule of thumb” or set amount for spousal maintenance. The amount depends on the specific circumstances of both parties, including their income, expenses, and financial obligations. Payments may be made on a short-term or long-term basis, as regular payments or as a lump sum.

When determining the amount, the court considers both parties’ reasonable costs and financial capacity. If the parties cannot agree, a spousal maintenance lawyer can assist in negotiating an appropriate amount, or the court may intervene to determine what is fair.

Spousal maintenance is calculated based on the individual circumstances of each case. Factors considered by the court include:

• Each party’s earning capacity and whether they can engage in gainful employment
• The primary caregiving responsibilities of any children from the relationship
• Any existing Binding Financial Agreements or prenuptial agreements
• The impact of the relationship on either party’s career and earning potential
• The duration of the relationship and the reasonable standard of living established during that time

Depending on the specific circumstances, the court may issue periodic payments, lump sum payments, or a combination of both. A temporary agreement may be reached while property settlement is being finalised. This allows both parties to maintain a suitable standard of living while a consent order or financial order is being finalised.

To apply for spousal maintenance, it’s advisable to seek legal advice from a spousal maintenance lawyer who can guide you through the spousal maintenance application process. While it’s best to resolve matters amicably, a formal spousal maintenance claim can be submitted to the court if an agreement cannot be reached.

The application must include a Financial Statement outlining your income, assets, liabilities, and any other relevant information, such as the cost of living and your capacity for employment.

The Federal Circuit & Family Court of Australia will assess these factors before issuing a final order. There are time limits for applying for spousal maintenance – applications must be made within 12 months after a divorce or within two years of the end of a de facto relationship.