Spousal Maintenance Lawyers Melbourne
Your financial rights or obligations relating to the financial support of separating couples can be complex. Pearsons Lawyers have a wealth of experience in all such financial matters. For your first appointment call our specialist team so you know where you stand.
Know Where You Stand
Spousal Maintenance
A major source of ongoing tension and legal confusion is whether or not spousal maintenance is payable after separation. Our experienced team at Pearsons Lawyers can provide clarity about the applicable criteria including:
- All claims for periodic and lump sum financial support by spouses, de facto partners and same sex couples.
- Urgent interim property settlements, periodic spousal maintenance and litigation funding to provide immediate financial assistance.
- Preparation of private spousal support agreements.
"Because our initial consultation is of no charge, there is no downside to getting a second opinion from Pearsons and knowing where you stand."
How Can a Family Lawyer Help?
Spousal maintenance arrangements can be complex. The legal system requires strict compliance with time limits and procedural rules, and the other party may dispute the application.
A Family Lawyer will:
- Help you understand your legal rights and obligations and whether you qualify for spousal maintenance.
- Advise on maintenance orders and binding financial agreements.
- Prepare and lodge your application for spousal maintenance.
- Help you to respond to a spousal maintenance application.
- Represent you in negotiations or the family court.
While it is possible to manage a spousal maintenance application on your own, it’s not recommended. The process can be complicated, and having a Family Lawyer ensures your rights are protected and your application is handled correctly from the start. If you make mistakes, there could be a costs Order against you as a consequence.
Know Where You Stand
Frequently Asked Questions
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What is spousal maintenance in Australia?
Spousal maintenance is a form of financial support that one partner may need to pay the other when a marriage or de facto relationship ends. Under the Family Law Act, the aim of spousal maintenance is to ensure that both parties can maintain a reasonable standard of living following separation and until a final property settlement and sometimes beyond that time. Refer to our guide on what spousal maintenance is for more detail.
Who is entitled to spousal maintenance in Australia?
A person’s entitlement to spousal maintenance is not automatic, and various factors must be considered by the Courts when determining eligibility. The overarching factor for the Courts to consider is whether both parties can maintain a reasonable standard of living post-divorce or separation.
How does spousal maintenance relate to child support and property settlement?
Spousal maintenance is separate from child support and child maintenance, which are designed to meet the child’s reasonable needs. It is also separate from property settlement, although the legal industry often considers the two together because the parties’ property and financial resources overlap.
Parties can finalise their property settlement and spousal maintenance simultaneously using a Binding Financial Agreement or maintenance orders approved by the family court.
What does a court consider when making a decision about Spousal Maintenance?
The procedure the Family Court must follow in a spousal maintenance claim is to examine a threshold test under section 72 of the Act. The court considers the needs of an applicant and the respondent’s capacity to pay. The court considers the following about both of the parties:
- Age and health;
- Income, property, and financial resources;
- Ability to work;
- What is a suitable standard of living; and
- If the marriage has affected a parties’ ability to be employed and earn an income.
The court also takes into account with whom the children (under 18 years of age or adult children who are disabled) live.
Is there a time limit for applications for spouse maintenance?
Strict time limits apply to applications for spousal maintenance:
- For married couples, you must apply within 12 months of a Divorce Order becoming final.
- For de facto couples, you must apply within two years of separation.
Know Where You Stand
Book Your Free First Appointment
During your free first appointment we will:
- Discuss your circumstances.
- Answer any questions.
- Discuss your options.
- Advise you of your entitlements.
- Provide you with information about the costs.
Call our office or fill in the contact form to book your free first appointment.
Office Hours
Monday to Friday 8:30am – 5:00pm
(Please note we are closed between 1-2pm)