Our experienced Melbourne lawyers will guide you through spousal maintenance claims, ensuring fair financial support after a relationship ends.
Our team brings extensive experience and knowledge to guide you through family law matters, helping you make informed decisions for your future. We specialise in negotiating spousal maintenance arrangements that prioritise your needs and protect your interests.
Receive compassionate and expert support throughout your spousal maintenance matters. We take a holistic approach to ensure you get the assistance needed, offering guidance with understanding and care at each step of the process.
We focus on achieving fair and equitable outcomes through transparent negotiations. We aim for amicable solutions that resolve your matter without the need for court proceedings.
Spousal maintenance payments can assist individuals who are unable to support themselves after a marriage or de facto relationship breaks down. Our Melbourne family lawyers can assist with arranging spousal maintenance payments or negotiating on your behalf for an arrangement if your former partner has requested spousal support.
If you are currently going through a divorce or the finalisation of a de facto relationship, you may be eligible for or required to pay spousal maintenance if one party has the capacity to pay it and the other does not have the financial capacity to meet their living costs. Spousal maintenance can be organised on a temporary or long-term basis, as regular payments, as part of property settlement or as a one-off lump sum.
In some divorce and separation matters, spousal maintenance is paid from one party to the other if they would otherwise be unable to adequately support themselves when the other party has the means to do so. Spousal maintenance can be paid as a lump sum during property settlement negotiations or regular ongoing payments, on a permanent basis or as an interim measure to ensure the spouse with a lower earning capacity can continue a suitable standard of living.
It is essential to seek legal advice about your situation and understand how the Family Law Act defines financial assistance after a relationship ends. Every matter will be considered on its merits, and the court considers various factors when assessing amounts payable. Our team can help you understand how to make or respond to a spousal maintenance claim.
In Australia, spousal maintenance payments are relatively uncommon compared to countries like the US, where alimony is more frequently covered when a marriage or de facto relationship ends. Usually, they are awarded by the court when one party cannot support themselves due to an inability to earn an income, health issues, age or when they have been in a long-term home duties role.
Spousal maintenance can often be negotiated without commencing legal proceedings and may be paid on a one-off or ongoing basis. It is designed to ensure that the spouse without the means to support themselves can maintain a reasonable standard of living when the other spouse is in a position to provide support. Spousal maintenance can apply on an urgent, interim, or final basis for married and de facto relationships.
The Family Court may issue an ‘urgent’ spousal maintenance order if one party needs immediate assistance to help with living costs. An ‘interim’ order may be granted for a period before a ‘final’ hearing – if the application is deemed viable.
A final order for spousal maintenance is designed to be permanent or until a specific circumstance occurs, such as:
It is imperative to get legal advice that considers your circumstances before applying for maintenance of this type. Our team is here to help and will ensure you have the best advice during your separation or divorce.
No, the two types of financial support are completely different, and assessed on different criteria. In both cases, the financial circumstances of both parties will be considered. Payments can be made after determining eligibility and reaching an agreement on a fair arrangement.
Spousal maintenance can be paid to a former spouse or de facto partner whether or not children are involved in the relationship. It is not a form of child support, and is paid to meet the living costs of the party who is unable to financially support themselves otherwise. If there are children from the relationship under the age of 18, this will be considered when spousal maintenance agreements are negotiated. A separate child support assessment or private agreement (such as a limited or binding child support agreement) will be required to meet the financial needs of children from the relationship.
Under Australian family law, a person who was in a marriage or de facto relationship may be eligible to apply for spousal maintenance if they meet certain conditions outlined in the Family Law Act 1975. To be eligible, the person seeking maintenance must show that they are unable to support themselves due to factors such as illness, caring responsibilities, or a lack of financial resources.
They must also demonstrate that their former partner has the capacity to provide financial support. If you cannot meet your basic needs, our experienced family lawyers can help you assess your eligibility and guide you through the process.
Spousal maintenance can cover a range of living costs, such as housing, food, and medical expenses. It can also assist with any costs associated with children or education that you cannot afford but is separate from child support.
The amount of maintenance you receive will depend on the financial situation of both parties, including income, assets and obligations. Our family law services ensure that all aspects of your claim are considered to ensure a fair and equitable outcome.
To make a spousal maintenance claim, you’ll need to apply to the court or attempt family dispute resolution with your former partner to reach an agreement if you cannot otherwise agree. You will be required to provide detailed information about your financial situation, including income, assets, and expenses.
If an agreement can’t be reached, the court will decide whether maintenance should be paid and for how long. Our specialist family law firm offers expert legal assistance to help you navigate this process and secure your financial future.
If you are served with a spousal maintenance claim, you have the right to respond and present your financial circumstances. You may need to provide evidence of your income, assets and any other relevant information about your ability to support the applicant.
If you cannot reach an agreement, the matter may be taken to court. Our experienced family lawyers will provide you with the support and legal expertise needed to help you respond appropriately and protect your interests.
The process typically involves applying to the Family Court or Federal Circuit Court for an order to be made. Initially, both parties will attempt mediation or work with their respective family lawyers to negotiate an arrangement.
If that doesn’t work, the court will assess the application, considering the financial position of both parties and any other relevant factors. Our family law firm offers legal services to guide you through each step, helping you understand your options and get the financial support you deserve.
Once the court makes a decision or an agreement is reached, spousal maintenance payments are formalised either through a binding financial agreement or a court order, which can be organised with financial settlement or separately. Depending on the arrangement, payments can be made periodically or as a lump sum. The payments are typically direct transfers from one partner to the other. Our team can assist you with drafting a legally binding, clear agreement that represents your best interest.
The length of spousal maintenance payments depends on the recipient’s financial needs and the payor’s ability to provide support. Payments may be temporary, lasting until the recipient can support themselves or until an agreed-upon date. In some cases, maintenance can continue for a longer period if there is a financial need. Our team will ensure that any payment arrangements are fair, reasonable, and tailored to your situation.
Yes, time limits do apply when applying for spousal maintenance under the Family Law Act. An application must generally be made within 12 months of the divorce being finalised or within two years of the end of a de facto relationship.
These time limits are important to follow, but there may be exceptions. In some cases, the court can extend the time limit if factors like family or domestic violence or other significant circumstances have prevented either party from meeting the deadline.
We help you understand the steps for making a spousal maintenance claim, ensuring a clear path to securing financial support.
Our experienced team helps you effectively respond to spousal maintenance claims, ensuring your rights and interests are protected.
We offer advice and assistance in securing urgent or interim spousal maintenance and ensuring financial support while matters are being resolved.
Our family law experts will help you negotiate fair spousal maintenance terms, aiming to resolve family law disputes and arrive at amicable, legally binding agreements.
We provide comprehensive legal advice on spousal maintenance, ensuring you understand your rights and obligations under family law.
We assist in modifying existing spousal maintenance agreements, ensuring adjustments reflect changes in circumstances and maintaining fairness.
To schedule a consultation with one of our experienced spousal maintenance lawyers, simply fill out the contact form below or call 1300 480 745. We’ll provide the necessary guidance and support to help you achieve a fair and equitable arrangement.
PARTNER – Accredited Specialist in Family Law
St John Heath is a Partner at Tonkin Legal Group and a leading Family Lawyer in Victoria.
Accredited Specialist in Family Law
Richard Tonkin is a Consultant Lawyer and one of Victoria’s most experienced and respected Family Lawyers.
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Contact us today on (03) 9435 9044
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Greensborough
VIC 3088
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