Not every person needs spousal maintenance following separation, but for those who have not worked for a period of time or who have a limited earning capacity spousal maintenance can be the additional financial support that makes a significant difference to life post separation and can remove uncertainty and vulnerability.
A need for spousal maintenance does not necessarily mean that you will receive spousal maintenance. We need to consider your ex spouse’s income and expenses and determine whether there is the ability to support you in some way also.
If spousal maintenance is needed we start those negotiations immediately so that we can determine support without delay. Leaving these matters until there is real urgency does not benefit the client.
If agreement cannot be reached on the payment of spousal maintenance we take swift action by issuing court proceedings so that a decision on the issue can be made as soon as possible.
You can be confident that we are offering you superior service and advice when it comes to your matter. Our team work together to ensure clients achieve the best outcomes for them and their families.
Our team have the common denominator of working in family law to help people, and that means engaging with clients. We take our time to understand your discrete and unique needs.
We are always working with you towards resolution, we aim to be proactive and plan ahead so you can be at ease knowing you have the right support.
From the moment clients engage with us we link them in with a support network. This includes accountants, financial planners, psychologists, barristers, real estate agents, mortgage brokers, insurance brokers, buyers advocates and more.
The amount of spousal maintenance you receive will depend on your needs and your ex’s capacity. Ideally we will reach an agreement about the amount of spousal maintenance through negotiation, but this will require us to set out in detail why you need spousal maintenance and provide proof of those needs. For some people spousal maintenance might be a few hundred dollars each week, for others it can be thousands of dollars. Spousal maintenance can also be paid as a lump sum amount or in the form of payments such as mortgage repayments.
You should only be paying spousal maintenance if you have the capacity to do so and this should be after you have agreed to do so with the benefit of legal advice or where a court has considered your matter and found that you do indeed have capacity to pay. Not every person has capacity to pay spousal maintenance following separation and where you can show this you will not be required to pay.
Spousal maintenance payments continue until agreement to cease payments occurs, or until the court order payments to cease and where a party remarries. Typically, spousal maintenance payments are made whilst the parties negotiate their property settlement and once agreement is reached ongoing payment is negotiated in the context of the overall division of assets. For some people spousal maintenance will continue after their final property settlement particularly where they need to reskill to re enter the workforce.
Spousal maintenance can be applied like any other money to your daily living expenses and needs. Many people apply such payments to mortgage or living expenses like rent whilst they negotiate a final division of their marriage or relationship assets.
Do you have questions about our legal services or how we can assist with your case? Schedule an initial consultation with our team.
Accessible Family Law are proud allies of the LGBTQIA+ community.
Accessible Family Law acknowledges and pays respect to Traditional Owners of country throughout Australia.
