How does Spousal Maintenance Work?

Under the Family Law Act 1975 (Cth), a person has a responsibility to financial assist their former spouse or de facto partner if that person cannot meet their own reasonable expenses from their personal income or assets.

Spousal maintenance is financial support provided in the form of lump sum payments, or periodic payments, as agreed upon by the parties or ordered by the Court.

What does a Court consider when making a decision?

Sections 75(2) and 90SF of the Family Law Act list the considerations for a Court in determining whether a need for spousal maintenance exists. These factors include:

·       The age and health of the parties;

·       The income, property and financial resources of the parties;

·       The parties’ ability to work;

·       Which party has primary care of any children;

·       What is the suitable standard of living for the parties (taking into account the standard accustomed to during the relationship); and

·       Whether the relationship affected one party’s ability to earn an income.

How long is spousal maintenance payable?

An obligation to provide spousal maintenance (if found) can continue even after separation and divorce and depends on the financial circumstances of the parties.

Orders (or agreements) to provide spousal maintenance cease upon:

·       The death of one of the parties;

·       The re-marriage of the party receiving spousal maintenance; or

·       A set date, or period as provided in the agreement or Orders (e.g. upon entitlement to access superannuation).

Time limits for applying for spousal maintenance

If you were married, you must apply for spousal maintenance within 12 months of your divorce becoming final.

If you were in a de facto relationship, you must apply for spousal maintenance within 2 years of the breakdown of your relationship.

If you would like to learn more about your entitlement or obligations with respect to spousal maintenance, please contact our team of family lawyers.