Make Sure You Comply With Time Limits for Claiming Spousal Maintenance

A legal or de-facto spouse may be able to claim spousal maintenance from their partner after separation. An applicant needs to demonstrate reasonable needs that they cannot afford but the other party can support. The maintenance, which is separate from the property settlement and child support payments, can be paid periodically or as a lump sum depending on the particular circumstances.

A liability to pay spousal maintenance can be ordered by a Court or by agreement in special circumstances such as hardship and there is no certainty. Time limits apply which are the same as property settlement applications.

Time limits for making spousal maintenance applications

If you were married you have 12 months from the date of divorce to apply for spousal maintenance. If you were in a de-facto relationship you have 2 years from the date of final separation to make an application. As separation does not involve a legal process the exact date of separation can be unclear.

Applications outside of these time limits will only be allowed by the Court in special circumstances and there is no certainty that the Court will agree.

Spousal maintenance is usually only payable for a limited period until the applicant is in a situation where they can financially support themselves. In some circumstances, however, spousal maintenance may be ordered to be paid permanently.

Contact our Family Law Solicitors in Sydney, NSW

If your application time limit is approaching it is important to contact us urgently. Szabo & Associates Solicitors can help with this and any aspect of your separation. Please call us on 02 9281 5088 or fill out the online contact form.