Spousal Maintenance
Spousal maintenance is a scenario where a person contributes to the ongoing financial expenses of their former partner.
Spousal maintenance is a scenario where a person contributes to the ongoing financial expenses of their former partner.
Spousal maintenance is different to child maintenance in that the money provided goes to supporting your former partner as opposed to the children. Spousal maintenance is not an automatic right.
On the other end of the spectrum you will often find cases where one party, usually the woman, has been out of the workforce for a significant period of time raising the children and has become de-skilled or unemployable due to age. A further example would be if one party was unable to work due to illness. These situations result in a disparity of income earning capacities between the parties.
Usually the payment of spousal maintenance may be tailored to end upon the occurrence of a specific event, for example, the person receiving maintenance completing training or re-skilling, securing employment or commencing a new de facto relationship.
You will need to make an application to the Family Court who has a wide discretion on whether to make an Order, or not, based on a range of factors that include:
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