Spousal maintenance recognises that throughout the relationship, one party relied so heavily on the financial support of the other to carry out theirs and their family's daily life, that ongoing maintenance is required. Generally, applications for spousal maintenance will only apply to lengthy relationships and be assessed as just and equitable in all the circumstances
The most important consideration in any spousal maintenance application is a standard of living that in all the circumstances is reasonable.
In any application for spousal maintenance, the Court as provided by the Family Law Act 1975, must consider the following factors:
- Age and health of the parties;
- Income and financial resources of the parties;
- Care arrangements of any child/ren to the relationship;
- Responsibilities of the parties to other people;
- The duration of the relationship and the extent to which it has affected the earning capacity of one of the party's; and
- Any fact or circumstance which, in the opinion of the Court, the justice of the case requires to be taken into account.
The above list is not an exhaustive list but, it brings to mind some of the considerations a court must have when determining any application for spousal maintenance. For a full list, please consider section 75(2) of the Family Law Act 1975.
Spousal maintenance orders can either be for a lump sum payment or, for ongoing and periodic payments. It is all dependant on the individual circumstances of each party at the time. This includes earning capacity as well as financial resources at hand.
If you believe you may be eligible for spousal maintenance or if the Court has ordered you to pay spousal maintenance, don't hesitate to reach out to our dedicated team of spousal maintenance family lawyers at Greigs Legal. We offer obligation-free consultations to discuss your specific situation and provide expert guidance. Take the first step towards securing a fair resolution by contacting us today.
A STANDARD OF LIVING THAT IN ALL CIRCUMSTANCES IS REASONABLE
In matters involving separation and divorce often involve the upheaval of your everyday life. It is common for there to be many unknowns and questions as to what the future holds. It is important for you and any child/ren to the relationship that as much as possible and where appropriate, a status quo is maintained.
This however does not mean that where one party has made the decision as part of the family unit to reduce or cease working and providing financial contributions to the relationship, is automatically entitled to continue as such.
Spousal maintenance is primarily reserved for individuals in circumstances where:
- You are responsible for the care of the child/ren under the age of 18;
- You are by virtue of age, illness, physical or mental incapacity unable to obtain employment; and
- Any other reason the Court deems adequate.
Urgent Application for Spousal Maintenance
An urgent application for spousal maintenance is unique to the other 2 types of maintenance in that it is considered on a summary basis. That is, without a need for parties to provide financial evidence or in some instances attend Court. These applications are generally reserved for situations of emergency or financial crisis.
An urgent application for spousal maintenance will generally be made where the parties can demonstrate there is a genuine need for maintenance that is so pressing that there is insufficient time for financial disclosure.
Interim Spousal Maintenance Application
An interim spousal maintenance application is brought by an initiating application in the Federal Circuit and Family Court of Australia. An interim application is generally made where there is a general and non-specific need for spousal maintenance at the present moment immediately after the breakdown of the relationship.
Any order made for interim spousal maintenance will be in place and remain in place until further Order or, until the matter is settled on a final basis either by consent or judicial decision.
If you are facing spousal maintenance issues, Child support issues or need guidance during a separation or divorce, our team of experienced family lawyers at Greigs Legal is here to assist you. Contact us today for an obligation-free consultation to discuss your situation and explore the best course of action. With our expertise and dedication, we will work towards achieving a fair resolution that protects your rights and ensures a reasonable standard of living. Reach out to us via phone at 02 4647 2968 or email us at email@example.com.