Minors Family Law are your local Sydney experts in all areas of relationship, spousal and parenting legal matters.
We work out of offices in Drummoyne in Sydney’s Inner West offering some of the best spousal support services in the city.
What Is Spouse Maintenance?
Spouse maintenance is the duty or responsibility placed upon both spouses in maintaining financial support to one another, even following your separation or the finalisation of a divorce.
The amount of spousal support one party is ordered to provide to the other depends on:
- The applicant spouse, and whether or not they’re able to reasonably support themselves financially
- The respondent spouse, and whether or not they possess the financial means to support the applicant.
Spouse Maintenance Payments
The court will make a decision regarding spousal financial disputes based on a list of general criteria in conjunction with carefully evaluating the nature of the current relationship. These determinants (in relation to both spouses), may include:
- Total income, disposable income, property and other assets
- Any form of debt
- Age and state of health
- The capacity for you to earn a living and whether or not the separation has affected it
- Your overall standard/quality of life
- Which spouse the children live with or with whom they will spend the most time.
It’s important to remember that spousal support is not necessarily an entitlement granted to anyone proceeding the finalisation of a divorce.
It is also often recommended by divorce lawyers that both parties should try to reach a financial agreement without going to court first, if at all possible.
Once an application for spousal maintenance orders have been submitted, both spouses will be ordered to undertake dispute resolution procedures in attempt to more efficiently reach a payment agreement.
These procedures are almost always mandatory with the exception of some extreme cases where child abuse or other family or domestic violence has either occurred or appears likely to occur.
You must submit an application for spousal maintenance orders within 12 months of your divorce being final. Filing for orders after this period could complicate and prolong the process further resulting in a denied application.
Contact us or visit our Drummoyne office today for further information regarding how a divorce lawyer can assist you along with other expert family law advice.