Spouse Maintenance

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Ensuring your financial stability following separation or divorce

Spouse maintenance plays a crucial role in providing financial support to individuals after the breakdown of a marriage or de facto relationship. At Orbell Family Lawyers, we understand the importance of achieving financial stability during this challenging time.

Spouse Maintenance Family Law

We can help you anywhere in Australia

Spousal maintenance is the financial support one spouse may be required to provide to the other if they are unable to support themselves adequately. This support can continue even after a divorce is finalised.

We understand spousal maintenance is a crucial aspect of a financial settlement. We emphasise the significance of not leaving it as an afterthought or negotiating it at the last minute.

Our team of experts provides comprehensive advice and presents various options to help you achieve the best possible outcome. We are experienced in drafting and advising on spousal maintenance agreements tailored to your specific circumstances.

Our process

Applying for spousal maintenance

You can apply for spousal maintenance at any time before your divorce is finalised. However, it’s important to note that there is a 12-month time limit for bringing an application after the divorce is final. Applying for spousal maintenance after this time limit can be more challenging.

By proactively addressing spousal maintenance and seeking expert advice in a timely manner, you can ensure financial security and a smoother transition into the next phase of your life.

Spousal maintenance is based on one persons ‘need’ for financial support and the other person’s ‘capacity to pay’.

Throughout the process, our experienced family lawyers will provide legal advice, support, and representation, working towards a fair and sustainable spousal maintenance arrangement that meets your needs.

FAQs

What is spousal maintenance, and who is eligible to receive it?

Spousal maintenance is financial support provided by one spouse to the other after separation or divorce. It aims to assist the financially disadvantaged spouse in meeting their reasonable needs. Eligibility depends on various factors, including financial circumstances, earning capacities, and responsibilities of each party.

How is the amount of spousal maintenance determined?

The Court considers several factors when determining the amount of spousal maintenance, including the financial resources and needs of each party, their earning capacities, and the standard of living during the relationship. The duration of the relationship and any relevant child support obligations are also taken into account.

Is spousal maintenance automatically granted after separation or divorce?

No, spousal maintenance is not automatically granted. It is necessary to establish a need for financial support and the other party's capacity to provide it. Spousal maintenance can be agreed upon between the parties or determined by the Court based on the individual circumstances of each case.

Can spousal maintenance be varied or terminated?

Yes, spousal maintenance orders can be varied or terminated if there is a significant change in circumstances. For example, if the receiving party's financial situation improves or the paying party experiences a decrease in income, an application can be made to the Court to reassess the maintenance obligations.

What is the process for seeking spousal maintenance?

Seeking spousal maintenance typically involves negotiation and, if necessary, applying to the Court for a spousal maintenance order. It is advisable to seek legal advice to understand your rights and obligations, explore available options, and ensure the best possible outcome in your spousal maintenance matter.

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Arrange your complimentary call with our experienced family lawyers to explore how we can assist you. Navigating with empathy and expertise, we listen, understand, and guide you towards a resolution.

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Testimonials

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Melinda M

Central Coast

They have seen and heard me cry, get angry, and every emotion in between that you experience going through a separation. I can't thank Georgia enough for her empathy and experience in guiding me through this foreign situation.

Adele F

Central Coast

I am immensely grateful for the outstanding service and support I received from Orbell's Family Law Firm. They are not just legal experts; they are compassionate advocates who genuinely care about their clients' well-being.

Daniel S

Central Coast

I had a great experience with Orbell. Sheree was great in getting my case rolling then Savanna took over and seen it through till the end. Savanna was great, easy to work with and fiercely had my back through the entire proceedings.

Fay D

Central Coast

I am grateful to Sheree and Georgia, who were there to assist when required. Kate knows all the ‘ins and outs’ of Family Law, and I honestly can’t thank her enough for everything she has done for me. I highly recommend Orbell Family Lawyers.

Masani O

Central Coast

All my dealings with Orbell Family Lawyers have been extremely positive, and the team are professional, genuine people who look after and listen to you, walk beside you, and to help you to sort out your matter fast and precisely.

Van E

Not only was Sheree extremely knowledgeable, she would 'check in' with me to make sure I knew what was happening at all times. I am proud to be a client. Her legal representation restored my faith in the justice system.

Stephen L

Sheree had tremendous strategies in place, and was extremely cool & calm in her approach and in general. Sheree was very well-organised, and was in complete control of the case, it felt. I had complete confidence with her in charge.

Mirta S

Sydney

The team were incredibly supportive and helpful at a most difficult time. I have every confidence in recommending Orbell Family Lawyers to anyone seeking professional expertise with a very caring and supportive overlay.

Cynthia B

Sydney

From the moment I met Sheree I knew she was the lawyer for me. She is kind and understanding but also strong and confident. She made me feel at ease. She knows her way around the family law system too! Thanks Sheree.

Dorothy G

Sydney

Great family lawyer, I have had the pleasure off working with Sheree. She is very professional in every way and caring, I would recommend her to anyone looking for a fantastic family lawyer.

Jessica S

Sydney

Sheree went above and beyond to help me agree on my property settlement with my ex. She made the process quick and stress free. I recommend Sheree to anyone who asks me who I should use for family law advice.

Steve N

Sydney

The team at Orbell Family Lawyers are professional and know their stuff. The advice was thorough and straight to the point. My kids and I have been able to move on with our lives and I can’t thank the team enough.

Spouse Maintenance

Ensuring your financial stability following separation or divorce

Spouse Maintenance Family Law

We can help you anywhere in Australia

Our process

Book a call or consult

Make a plan and action it

Reach a resolution

Applying for spousal maintenance

FAQs

Our Locations

Visit us at one of our office locations, or meet us virtually from anywhere in Australia.

Central Coast

Northern Beaches

North Shore

Start your journey today with a free discovery call

Testimonials

Read our client feedback

Discover your legal pathways with our free, online quiz

Meet our award-winning team

Sheree Orbell

Kate O’Grady

Janine Goodwin

Bronwyn Dwyer

Ollie Najdenska

Emmy Langmaid

Amelia Cox

Lucus Fiorenza

Savanna Bull

Elizabeth Aquilina

Lily Sanders

Georgia Spencer

Mia Eddy

Michelle McKinna

Nerida Wright

Lucie Lister

Nicolette Fischer

Summah Boyd

Shayne Orbell

Jessica Fitt

Donna Coffey

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