Spousal Maintenance.
Spousal maintenance is financial support one party may be required to pay to the other following a marriage or de facto relationship breakdown.
It is commonly referred to as “alimony”. It arises where one person is unable to adequately support themselves and the other has the financial capacity to assist. Maintenance is not automatic but rather it depends on a careful assessment of each party’s need and capacity and the particular circumstances of the marriage or the de facto relationship.
Maintenance can be made on an urgent, interim or final basis and can be formalised by Court Orders or a Binding Financial Agreement. Early advice is often crucial to ensure your rights are preserved and that any application or response to application, particularly in urgent circumstances, is thoroughly prepared.
The following factors can be relevant when considering the need for spousal maintenance:
Income, expenses and financial resources;
Age and health;
Earning capacity;
Care of children; and/or
A reasonable standard of living in the circumstances.
Urgent situations may require immediate action, such as:
Sudden withdrawal of financial support;
No access to funds, including if one person terminates the other person’s access to a joint account or suspends access by placing a two-to-sign authority on the account;
Inability to pay rent, mortgage or essential expenses; and/or
Risk of serious financial hardship.
We can assist you by advising you on your eligibility or exposure to a spousal maintenance application or claim, assist in gathering relevant evidence, and develop a strategy that best protects your financial position, both on a short and long term basis.