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 has a significant impact on your financial future. At Chatswood Family Lawyers, we have more than a 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.
Australian law provides for various types of spousal maintenance. The following options are available:
Courts usually award support for a dependent spouse during the family law process.
Courts understand that a dependent spouse may not become self-supporting immediately and often grant maintenance for a specific interim period.
The ability to return to the job market is often unpredictable, so the court may set an initial maintenance schedule and a future date to determine if support should be modified, extended, or terminated.
Spousal maintenance orders remain in effect until the death of either spouse or the remarriage of the recipient spouse. As a payer, you can petition the court to modify or terminate spousal maintenance if there is a substantial change in circumstances. For example, if the recipient spouse begins cohabitating with a partner who provides support, you could argue that continuing to pay spousal maintenance is grossly unfair.
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:
In reality, the court can consider any fact it deems relevant to the discussion. For this reason, you need an experienced family law lawyer managing your family law matter and divorce.
Chatswood Family Lawyers represents spouses on both sides of the spousal maintenance issue. 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 by phone at (02) 9412 4500.