Are you wondering what is alimony in Australia? Have you recently separated or divorced? Are there such provisions in Australia about financially supporting your ex after separation? As family lawyers, our clients often ask us “What is alimony in Australia?’
In most Western countries like the United States, alimony refers to the financial support that a person provides to their former spouse. These are generally court-ordered payments.
However, it is not called alimony in Australia. Essentially, the answer to the question ‘What is alimony is Australia?’ is that alimony is called spousal maintenance or spousal support in Australia.
This type of financial support are regular payment one party pays to their ex-spouse to help them maintain themselves. It only stops until the payee can manage on their own.
Alimony has become more widely known thanks to television. Such shows have one partner making lifetime alimony payments to the other. In American law, this might be the case, but in Australian family law, we treat certain cases differently.
In this article, we will discuss the question of ‘what is alimony in Australia’ in further detail by understanding how spousal support payments work in our country.
What Is Alimony In Australia: Spousal Maintenance Payments
As mentioned above, in Australia, we have spousal maintenance payments that are similar to alimony payments. Following a separation or divorce, one party pays spousal maintenance to their former spouse to financially support them.
The party paying spousal maintenance can make payments either after receiving court orders, or by making agreements with their former spouse. If a party makes an application for spousal maintenance in the family court, the court will consider many factors before making any binding orders.
Given below is a list of factors the courts consider:
- Physical health of both parties;
- Age of the parties;
- Each parties’ future needs
- What would be considered a ‘suitable standard of living’;
- The ability of each party to get gainful employment;
- In case there are children, and which party is looking after the needs of the children; and
- The effect of the marriage (if any) on the parties’ capabilities to work.
What Does the Family Law Act Say?
Section 75 of the Family Law Act (1975) provides a list of other factors that the court considers before making any orders for spousal maintenance. When considering the question ‘What is alimony in Australia?’ the most important distinction to make between alimony and spousal maintenance is as follows:
While alimony can be paid throughout the person’s life, the aim of spousal maintenance payments is to provide support only until the other party can get back on their feet.
It is not uncommon for one party to be financially dependent on the other party during a marriage or de facto relationship. Therefore, the financially dependent party can find it very difficult during an event like a divorce or separation.
This is why spousal maintenance payments are temporary payments until the payee is able to become financially independent. The types of orders that the court makes can differ from case to case.
Eligibility Requirements
There are two main eligibility requirements to be able to claim spousal maintenance payments. 1.
1. The spouse who is to receive payment must establish the need.
To obtain spousal maintenance, the party must establish the need for the payment i.e. they must be unable to financially support themselves. This can happen either because they are unable to get gainful employment, or because they are looking after a child who is under 19 years of age.
2. The spouse who is to make payments must have the capacity to pay.
The spouse who will need to make the payments must be able to do so reasonably. The court can assess the party’s income, expenditure, property and other financial resources. Based on these factors, the courts also determine the amount of spousal maintenance payable.
Importantly, apart from ‘What is alimony in Australia?’, another question that people often ask is ‘Are there time limits to keep in mind?’ The answer is yes. When claiming spousal maintenance payments, each party must be aware of the time limits.
Spousal maintenance payments are essentially required to be granted to divorced couples within a year of the divorce. However, spousal maintenance payments must be granted to separated couples within 24 months after their separation.
Court-Ordered Spousal Maintenance Payments: Different Types
Depending on the specifics of the case, the courts may issue a variety of orders. Furthermore, depending on the previously listed parameters, the type of order may vary. The following are a few examples of spousal maintenance orders that the court may issue:
- Payment of lump sum;
- Order transfer of property from one spouse (payer) to the other (payee);
- Make a final order;
- Order that the payer make periodic payments to the payee;
- Make an order for a fixed term, for life, or until any further orders;
- Impose reasonable terms and conditions; and
- Other appropriate orders that the courts consider necessary
What Is Alimony In Australia: Can My Ex-Partner And I Reach Mutual Agreements About Spousal Maintenance Payments?
We have discussed the topic of “What is alimony in Australia.” Currently, can you and your ex-spouse decide on spousal maintenance without going through the legal system?
One method of obtaining spousal maintenance payments is through judicial proceedings. But if both parties agree, their consent orders may include contain information regarding spousal support payments.
Since consent orders are enforceable by law, both parties are required to follow them. However, if the parties can work together peacefully, they can arrange for their own spousal maintenance payments.
The parties may address the payment arrangement, including whether a lump sum payment or periodic payments are made, and they may also include information about the financial help provided.
How Can Our Family Lawyers Help?
It is important to be aware of concepts such as spousal maintenance and child support. A divorce or separation can be stressful. These financial entitlements can help alleviate the stress that some parties feel.
At JB Solicitors, our family lawyers can help you understand your entitlements following the breakdown of your relationship. Moreover, we can also help the parties prepare binding agreements whenever required and identify who needs to pay spousal maintenance.
If you have more questions such as ‘What is alimony in Australia’, please do not hesitate to reach out to us. You can call our office on 1300 287 911.
Contact us using our online enquiry form if you need urgent spousal maintenance