Following a divorce or separation, one party may be struggling to support themselves financially, and here is where the concept of spousal maintenance arises. But… what is spousal maintenance? Thanks to what can be attributed to American culture and television, you may have heard of alimony, but not spousal maintenance.
This article will provide a clear and easy-to-understand answer to the question ‘What is spousal maintenance?’ and how it is applicable to you.
What Is The Equivalent To Alimony In Australia?
Although we do not have alimony in Australia, we have a very similar concept – that is spousal maintenance. When one partner makes a successful claim for spousal maintenance, the court will order that they receive financial support payments from the other partner.
The purpose of this order is so that the partner receiving the benefit of the spousal maintenance can maintain a reasonable standard of living in the circumstances following a divorce or separation. However, it should be noted that these payments will not continue indefinitely are only a means of aiding the partner receiving the benefit get to the point of financial independence. Accordingly, the partner receiving the benefit must make an effort to find employment or pursue education while receiving the payment.
How Do I Know If I Am Eligible For Spousal Maintenance
To better understand the question of ‘what is spousal maintenance?’ it will also be helpful to discuss the eligibility requirements for the benefit. For spousal maintenance to be even contemplated, one partner must be employed or have extensive assets, and the other partner must not have the financial means to support themselves. If this is the case, we can then proceed to the eligibility requirements for the payment.
Firstly, the partner paying the spousal maintenance benefit must have the financial means necessary to support the partner receiving the benefit. This means the court must be satisfied that they have the additional income to be able to contribute to your expenses, in addition to their own.
Secondly, an application for spousal maintenance must be made within a specified period, depending on whether it is a de facto relationship or marriage. Concerning divorce, spousal maintenance must be awarded within 12 months of the divorce. For de facto relationships, this time period is twenty-four months. It may be challenging to agree on an exact date of separation for this requirement in relation to de facto relationships. Therefore, parties to a relationship disagree on this, the Family Court will consider any supporting evidence from the parties.
The Situations Where Spousal Maintenance May Be Approved
To help better answer the question of ‘what is spousal maintenance?’ it will be helpful to provide a list of the most common reason why an application for the benefit should be filed with the court.
- The payment can help the receiver establish themselves in the workforce by either supporting them whilst seeking employment, further education, or training.
- So the receiver can maintain a reasonable standard of living relative to the standard of living they have been accustomed to during the relationship.
- If the receiver of the payment suffers from any health-related conditions and the payment would greatly help.
- The mental capacity of the party receiving the payment.
- The eligibility of the party receiving the payment to receive government allowances and payments such as pension or Centrelink benefits.
- The effect an order of spousal maintenance will have on the financial well-being of the party paying the benefit.
- How long the couple was in a relationship for, or married.
- Whether the party applying for the spousal maintenance is living together with someone else and the financial circumstances around these living circumstances.
- Whether there is a binding financial agreement in place, and the terms of that agreement.
Can Spousal Maintenance Be Awarded In My Situation?
This list above is by no means exhaustive and should only be viewed as a list of potential reasons why spousal maintenance may be awarded. The fact is, spousal maintenance may be awarded for any reason at all which the court deems worthy of consideration. This is reflected in the Family Law Act.
If you believe you may qualify for a grant of spousal maintenance, you should note that the time is ticking for your matter, and you need to get in an application within the specified time limits.
Importance of Seeking Legal Advice
Hopefully, this article has helped provide some insight into ‘What is spousal maintenance?’ It is crucial to keep in mind that you should consider applying for spousal maintenance if you are struggling financially following a divorce or separation. Your next step should be to get into contact with an experienced family lawyer to discuss your circumstances and get started on your application today.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way. With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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