Spousal Maintenance
A party to a marriage or de facto relationship may be entitled to spousal maintenance from the other party if the person who needs the spousal maintenance is unable to support himself or herself adequately because:
- they have the care and control of the child/ren who is under 18 years of age; or
- by reason of their age or physical or mental incapacity for appropriate gainful employment; or
- for any other adequate reason.
If a spouse is unable to support himself or herself adequately, they may apply for spousal maintenance from the other party, and the other party may be ordered to pay spousal maintenance. The other party could be ordered to pay maintenance if that other party has the capacity to pay.
When a Court is deciding spousal maintenance, they look to the person seeking the spousal maintenance and consider whether they are in a position to support themselves from their own resources, their earning capacity, capital or other available sources of income.
Spousal maintenance is a separate right and may be sought in addition to property settlement.
If you would like to discuss your entitlements to or potential liability for spousal maintenance, please contact us for a private and confidential appointment.