The Family Court or Federal Circuit Court deal with two types of spousal maintenance applications:

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1) Spousal maintenance is financial support paid by a party to a marriage to their former husband or wife in circumstances where they are unable to adequately support themselves;

 

2) De facto partner maintenance is financial support paid by a party to a de facto relationship that has broken down to their former de facto partner in circumstances where they are unable to adequately support themselves.

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

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Where the need exists, both parties have an equal duty to support and maintain each other as far as they can. This obligation can continue even after separation and divorce. The extent of the support depends on what the other party can afford to pay.

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What does the court consider when making a decision about spousal maintenance?

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• Your age and health

• Your income, property, and financial resources

• Your ability to work

• What is a suitable standard of living, and

• If the marriage has affected your ability to earn an income.

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Wherever possible, we seek to offer a range of fixed fees for family law - spousal maintenance. This fixed fee arrangements is based on simple matters, not involving lengthy negotiations. In the event that fixed fees are not appropriate for your matter, we will let you know in advance. You should seek legal advice when considering which approach is best for you. Contact E-LAW Legal on 1300 210 599 or send an email to admin@elawlegal.com.au

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