Financial support paid by a spouse or former defacto partner to the other party occurs in circumstances where that party is unable to adequately support her or himself and the other party has the capacity to pay maintenance. Under the Family Law Act, a person has a responsibility to financially assist their spouse or former de facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets. Where the need exists, both parties have an equal duty to support and maintain each other as far as they can. This obligation can continue even after separation and divorce. The extent of the support depends on what the other party can afford to pay.
Circumstances where this may occur could be where responsibilities for children, a long absence from the workforce, or as a result of ongoing educational commitments.
Matters to be taken into consideration for a spousal maintenance order to be made include:
- The age and health of the parties
- income, property, and financial resources of the parties
- the ability of the parties to work
- a suitable standard of living,
- if the marriage has affected a party’s ability to earn an income.
- It may also be taken into account with whom the children (under 18 years of age or adult children who are disabled) live.
Applications for spouse maintenance must be made within 12 months of the divorce becoming final.
Applications for de facto spouse maintenance must be made within 2 years of the breakdown of the de facto relationship. If you do not apply within these time limits, you will need to make application to the court and there is no guarantee that an order will be made.
