In certain situations, you may be required to provide ongoing financial support to your former spouse, or they may need to support you. This is known as spousal maintenance.
There are three circumstances that underlie the need for maintenance:
- By reason of having the care and control of a child of the relationship under the age of 18 years; or
- By reason of age or physical or mental incapacity for appropriate gainful employment; or
- For any other adequate reason, having regard to any relevant factors referred to in:
This financial support is based upon an assessment of:
- the applicant’s need for financial support/assistance; and
- the other party’s capacity to provide that financial support/assistance.
Orders for spousal maintenance can be made in relation to both married and de facto couples.
We can provide advice and representation in the event you want to claim spousal maintenance, or defend a claim for maintenance brought against you.