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Spouse Maintenance Family Law

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.

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How we can help with your spouse maintenance matter

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.

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.

Questions about?

Questions about Spouse Maintenance?

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.

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.

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.

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.

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.

The Spousal Maintenance Process
1.
Initial Consultation

Meet with us to discuss your situation and goals. We will assess your eligibility for spousal maintenance and provide personalised advice based on your circumstances.

2.
Gathering Financial Information

We will assist you in gathering the necessary financial information to determine your financial needs and the ability of your spouse to provide support. This includes income, assets, debts, and living expenses.

3.
Negotiation and Mediation

We will engage in negotiation or mediation with your spouse or their legal representative to reach a mutually acceptable agreement on spousal maintenance. This process aims to avoid court proceedings and find a resolution that suits both parties.

4.
Court Proceedings (if necessary)

If an agreement cannot be reached through negotiation or mediation, court proceedings may be required. We will guide you through the process, presenting your case effectively and advocating for your rights and interests.

5.
Court Order or Binding Financial Agreement

If the court determines that spousal maintenance is warranted, it may make orders specifying the amount and duration of the maintenance payments. Alternatively, a binding financial agreement can be drafted and executed between you and your spouse to formalise the spousal maintenance arrangement.

6.
Implementation and Enforcement

Once spousal maintenance is agreed upon or ordered by the court, we will assist you in implementing the terms and ensuring compliance. In case of non-compliance, we can provide guidance on enforcement actions.

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