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