Understanding Your Spousal Maintenance Rights and Obligations

Divorce and separation are inherently difficult, and the financial implications can be particularly complex. Beyond the division of assets, one area that often causes confusion and anxiety is spousal maintenance.

Szabo & Associates Solicitors’ spousal maintenance and family lawyers of can guide you through the legal process and ensure you receive the support you are entitled to or are not unfairly burdened with obligations.

Understanding Spousal Maintenance

Spousal maintenance is financial support provided by one spouse to the other after separation or divorce. It ensures that both parties have adequate financial resources, particularly when one party cannot support themselves adequately. You must understand that spousal maintenance is not an automatic right. Rather, it is determined on a case-by-case basis, considering a range of factors outlined in the Family Law Act 1975.

Eligibility for Spousal Maintenance

The key factor in determining eligibility is whether one party can demonstrate a need for financial support and the other party has the capacity to provide it. The court will consider various aspects, including:

• Financial needs
• Ability to pay
• Age and health
• Income and financial resources
• Childcare responsibilities
• Length of the relationship

Obligations of the Paying Spouse

If a court orders spousal maintenance, the paying spouse must provide financial support to the other party. The court will determine the amount and duration of payments, taking into account the factors listed above. Complying with court orders regarding spousal maintenance is crucial, as failure to do so can have serious legal consequences.

How Spousal Maintenance Is Calculated

There is not a simple formula for calculating spousal maintenance. The court’s objective is to ensure that both parties have a reasonable standard of living after separation. They will carefully analyse both parties’ financial circumstances, considering their income, expenses, and future needs.

How Long Spousal Maintenance Lasts

Spousal maintenance is not usually a permanent arrangement. The court typically awards it on a short- to medium-term basis to allow the recipient to become financially independent. The duration of payments depends on each case’s circumstances, and maintenance orders can be changed or ended if there is a significant change in financial circumstances.

How to Apply for Spousal Maintenance

A spouse or de facto partner can apply for maintenance through the Federal Circuit and Family Court of Australia (FCFCOA). Strict time limits apply:

• Married spouses must apply within 12 months of the court finalising their divorce
• De facto partners must apply within two years of the end of their relationship

Retaining our experienced family lawyers is essential because failure to apply within these time limits may result in the loss of entitlement unless you can demonstrate special circumstances.

What if the Court Orders You to Pay Spousal Maintenance?

If the court orders you to pay spousal maintenance, it is essential to comply with its orders. Non-payment can lead to enforcement actions, including wage garnishment or seizure of assets. If you experience financial hardship or significant changes in your circumstances, you can apply to have the order varied or discharged.

Contact Szabo & Associates Solicitors Today

Spousal maintenance matters can be complex and emotionally charged. Obtaining legal advice can protect your rights. If you need assistance with spousal maintenance, contact us today to discuss your options.