Spousal Maintenance Sydney
Quality Legal Representation for Payers and Recipients in Chatswood
In any family law matter, the issue of spousal maintenance, commonly known as alimony, is crucial. Whether the court grants you an award or obliges you to pay, the amount of maintenance ordered significantly impacts your financial future.
Spousal maintenance payments can be made periodically or as lump sums. The legal processes involved in enforcing or terminating them are complex, often requiring a thorough understanding of the circumstances under which they are awarded and the financial assessment criteria the courts apply.
At Chatswood Family Lawyers, we have more than two decades of experience negotiating and litigating spousal support issues. We provide quality representation that includes an in-depth analysis of your finances, so the court has accurate information on which to base its decision.
What is Spousal Maintenance?
Spousal maintenance, also known as alimony, is a type of financial support paid by one former partner to the other after the breakdown of a marriage or de facto relationship. It is designed to provide ongoing financial assistance to a former partner who is unable to support themselves adequately, taking into account their reasonable living expenses and financial resources.
It is not an automatic entitlement or requirement for either party in a relationship following separation, and whether you or your former partner are entitled to receive or pay spousal maintenance will depend on both of your particular financial circumstances.
What is De Facto Maintenance?
De facto maintenance is financial support offered from one party to another when there has been a breakdown in their de facto relationship. To apply for de facto maintenance, specific jurisdictional criteria must be met. These may include living together in a de facto relationship for at least two years, having a child together, or having made substantial financial contributions to the relationship.
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Eligibility and Application
To be eligible for spousal maintenance, you must demonstrate that you cannot support yourself adequately and that your former partner can pay. You can apply for spousal maintenance by filing an application with the Family Court or Federal Circuit Court of Australia, which must include a Financial Statement detailing your income and expenses.
Your former partner must also file a response, including their Financial Statement. If you and your former partner cannot agree on financial support, you can seek legal advice from a family lawyer who can guide you through the application process.
Time Limits for Application
It’s important to note that there are time limits for filing a spousal maintenance application. For married couples, the application must be made within 12 months of finalising the divorce, and for de facto couples, within two years of the relationship breakdown.
Calculating Spousal Maintenance
The amount of spouse maintenance paid is calculated based on the recipient’s reasonable living expenses and the payer’s capacity to pay. The court will consider a range of factors, including both parties’ income, property, and financial resources, as well as their earning capacity, age, and health.
The court will also consider the length of the relationship and the contributions made by each party. Spousal maintenance aims to provide ongoing financial support to a former partner who cannot support themselves adequately, taking into account their reasonable living expenses and financial resources.
How Australian Courts Decide Spousal Support Based on Financial Circumstances
The court considers several factors when deciding whether to award spousal maintenance. The following circumstances are also used to determine how much of an award would be fair:
- The length of the marriage
- The difference between the spouses’ earnings
- Whether there are children and, if so, which spouse will have custody
- Whether one spouse gave up career opportunities for the marriage
- The age of the spouses
- The health of the spouses
- Each spouse’s ability to earn income and acquire assets in the future
- The standard of living enjoyed during the marriage
Property settlement involves dividing assets and finances between separating parties, while spousal maintenance focuses on ongoing financial support.
In reality, the court can consider any fact it deems relevant to the discussion. For this reason, you need an experienced family law specialist to manage your family law matters and divorce.
Learn more with our spousal maintenance FAQs.
Work with Trusted Legal Experts to Secure a Fair Financial Future
At Chatswood Family Lawyers, we understand how important a fair court order is to your financial future, so we work diligently toward the best possible result.
To schedule a consultation with a skilled specialist accredited family lawyer, contact our Chatswood office online, by email at enquiries@chatswoodfamilylawyers.com.au or (02) 9412 4500.