Spousal Maintenance: Are You Eligible?

A relationship breakdown can have significant financial consequences. For those with insufficient income to meet their needs, the rights of a spouse to maintenance can be critical.

Spousal maintenance is the financial support provided by one spouse to the other following a marriage or de facto relationship breakdown. If an agreement cannot be reached, an application can be made to Court.

How does the Court determine whether maintenance is payable?

The three-pronged test used by a Court to decide whether maintenance is payable considers the applicant’s income and expenses, their capacity to earn in the future and their financial resources, along with the capacity of the other party to pay maintenance. Additional factors considered can include the ages and health of the parties and what constitutes a suitable standard of living.

Types of spousal maintenance

There are three types of maintenance: urgent, interim; or, final. If the Court considers that a person needs urgent financial assistance, it can order an immediate payment pending the final determination of the application. The Court may order a lump-sum payment, but periodic payments are usually considered first, along with the duration of the payment order.

How long is it payable?

Spousal maintenance is normally payable for a limited period following separation until the applicant can support themselves financially.

Are there time limits for making an application?

There are time limits for making an application. Special permission to make an application out of time may be possible if there is an acceptable reason.

Contact our Spousal Maintenance Lawyers Sydney, NSW

If you would like further information or advice on a spouse’s right to maintenance, please contact the family law specialists at Szabo & Associates Solicitors on 02 9281 5088 or complete our online contact form.