The topic of alimony calculator in Australia is related to the concept of spousal maintenance. Alimony refers to the financial payments that one party makes to the other party following a divorce or a separation.
In Australia, the terms spousal support or spousal maintenance mean the same as alimony. Alimony calculator in Australia consists of factors that determine how much spousal support one party will be required to pay. These payments are made to the former spouse or de facto partner.
Before we discuss alimony calculator in Australia, let’s also discuss other key aspects. Other important aspects include uses of spousal maintenance payments, and which party is entitled to pay spousal maintenance etc.
Notably, spousal support is different from child support payments. A party who is eligible to receive spousal support payment may also be eligible to receive child support. This depends on their circumstances.
To read more about child support payments in Australia, click here.
Who Can Receive Spousal Maintenance?
To determine who can receive spousal maintenance, you will need to check which partner has the financial means to make such payments.
In Australia, the Family Law Act (1975) governs all matters regarding spousal support. A party will pay alimony if the other party does not have the means to support themselves financially.
The Court must be satisfied that the paying party has additional income. Moreover, that party must have the means to provide for the other party. The payer will make these payments until the other party can get back on their feet.
Notably, spousal support is applicable regardless of gender or type of relationship between two people. For example, couples who have separated from a same-sex relationship can also receive spousal support.
Similarly, couples who were in a de facto relationship can also be eligible to receive spousal support from their former partners.
In Australia, two parties can make mutual agreements on spousal support payments. In other cases, Courts will make orders making one party pay alimony to the other party.
A party can make a Court application for spousal maintenance within a specific time period following a divorce or separation.
For instance, in divorce cases, the party needs to make the application within 12 months from the date the divorce became final. On the other hand, in cases of de facto separations, the party needs to make an application within 24 months from the date of separation.
Types Of Spousal Maintenance Payments
Courts make orders to ensure that a party makes spousal maintenance payment to his/her former spouse. The Courts will first determine amount of payment. Secondly, the Courts can make orders such as:
- Party should make lump sum payments for spousal support;
- Regular periodic payments – once every month, or once every week etc;
- Payment should cover other expenses such as loan payment or health insurance;
- Spousal maintenance in the form of accomodation payments, vehicle insurance etc.
The exact amount payable depends on various factors. The section below highlights these factors.
Alimony Calculator Australia: Factors That Determine Spousal Support
Alimony calculator in Australia is essentially a list of factors that determine the amount of support or maintenance payable.
Before Family Courts make any orders regarding spousal support, they will check the following factors:
- The resources and assets that both properties have. This can include income, property, superannuation etc.
- The capacity of each party to earn money.
- The status of each party with regards to the children, for instance, whether one party is the primary carer of the children.
- The length of the relationship between both parties.
- If the two parties have made any former financial agreements such as a binding financial agreement.
- The obligations of each party to support each other.
- If the relationship had any impact on any party’s capacity to earn wages.
As you can see, the alimony calculator in Australia will not provide an exact estimate of spousal support that is payable. The amount of money payable will differ depending on different circumstances.
Family lawyers asses each situation separately and individually. Primarily, the factors that make up alimony calculator in Australia focuses on each party’s earning capacity, and their expenses.
Alimony Calculator In Australia: Reliability
As mentioned above, these factors help in determining the amount of money payable. These factors make up the alimony calculator in Australia. However, it will not reveal the exact amount of money payable.
However, family lawyers can assess these factors and provide an estimate of the amount of spousal support payable or receivable.
A lawyer can understand your circumstance and even provide an exact estimate of spousal support that you may need to pay or receive (depending on your circumstances).
Alternatively, there are spousal support calculator tools available which can help you get an idea about the amount of alimony you may receive or pay. It is recommended that you speak with an experienced solicitor. They can give you a better idea about spousal maintenance payments in Australia.
Get In Touch With Experienced Family Lawyers
A divorce or separation is an extremely stressful event in a person’s life. Following the breakdown of a relationship, there are many legal matters that arise. This includes matters such as alimony payments, child support payments and property settlement.
At JB Solicitors, our family lawyers have dealt with a wide variety of family law matters. We have the knowledge of dealing with complicated cases, With the wealth of experience we have, you can rest assured that you will get your desired outcome.
We offer fixed-fee prices for our family law services. Our fixed-fee brochures will help you get a clearer sense of all costs involved.
For more enquiries, get in touch with our experienced and friendly lawyers today.
