Spousal Maintenance

We often meet people going through separation and divorce who have only one questions for us- ‘will I be okay?’ Spousal maintenance is often the answer.

If one partner is unable to support themselves financially after separation, they may be entitled to spousal maintenance. This is a consideration based on the payee’s need and the payer’s capacity.

Courts consider:

• Each partner’s income, assets, and debts.
• Age, health, and future earning capacity.
• Care of children and how this impacts work.
• The standard of living during the relationship.
• Some other factors which can be found here.
• Anything else relevant to your child’s situation. For Aboriginal and/or Torres Strait Islander children, the court also considers how arrangements support the child’s connection with culture.

Spousal maintenance can be resolved by agreement or decided by the Court. It can provide a support to the more vulnerable party whilst your family adjusts to your new circumstances.

You may be separated, but former partners’ obligations to one another do not always stop at separation.

Spousal maintenance can be very technical. Do you have more questions? We can help.

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