Spousal Maintenance

Following a separation spousal maintenance can be paid by one spouse to the other, or by a party to a de facto or same-sex relationship to their former partner.

ELIGIBILITY CRITERIA

Establishing eligibility for spousal maintenance typically involves demonstrating that the party seeking the maintenance is unable to financially support themselves adequately. This inability may arise from factors such as childcare responsibilities, illness, or disability that limits their ability to work. It's also necessary to established that the party expected to provide the spousal maintenance has the financial means by which to do so, whilst also still supporting themselves and any dependents.

DURATION OF MAINTENANCE

Spousal maintenance arrangements usually have a finite duration, often spanning the period before a final settlement is reached. However, this can vary based on the parties' individual circumstances, and in infrequent circumstances maintenance may be sought and paid even after property proceedings are finalized. 

WHEN TO APPLY

If you have recently separated, or are planning to separate, and you are financially dependent on your spouse or former partner and have no sources of income or access to financial resources, you may wish to contact our family law team to arrange a time to discuss the avenues available to you. Spousal maintenance can be sought immediately following a separation and timely action may be required to reduce any potential disruptions that the separation may have on your access to money or to ensure the continuity of specific payments.  

There are time limits for making maintenance applications that it is important to be aware of. Following a divorce, a claim for spousal maintenance must be filed within twelve (12) months. For de facto and same-sex couples, claims must commence within two (2) years of the relationship ending. While it's possible to seek leave of the Court to file a claim after these time limits have expired, this is only permitted under specific circumstances which are assessed on the merits of the individual matter.

The team at Rush Family Law is able to assess whether you have a potential claim for spousal maintenance and determine the most suitable type of orders (e.g., lump sum payment, periodic payments, capitalised payments) based on your individual circumstances. We can also provide guidance if a spousal maintenance claim is made against you, including assessing its likelihood of success and estimating the potential amount and duration of payment you may be liable for.