Upon separation, one party (to a marriage or defacto
relationship which ended after 1 March 2009) is liable to
maintain the other to the extent that he or she is
reasonably able to do so if, and only if, the other party is
unable to support him or herself adequately. The reason for
that inability may be because one spouse has the
responsibility to care for a child or children of the
relationship or they are unable to work (or only earn a
small amount).
When determining if one party has to pay maintenance to the
other, the Court considers:
1. Does one party have a need for financial support? (ie: do
their reasonable expenses outweigh their income?)
If so, then:
2. Does the other party have the capacity to provide
financial support? (ie: does their income exceed their
reasonable expenses?)
The Child Support Agency has no role in assessing spouse
maintenance.
An application for spouse maintenance must be filed within
twelve (12) months of divorce if the parties were married,
or within two (2) years of separation if they were in a
defacto relationship.
Applications can be made after this period with authority of
the Court.
We are able to provide you with specific advice as to your
entitlement or liability to spousal maintenance.
WHERE TO NOW?
If you would like to speak with an expert to discuss your
family law issue, please call us on (07) 3007 9898 or send
us an email at
enquiry@murdochs.com.au