Keeping Your Family Whole Through Divorce: Tips and Ideas

Posted on: 20 October 2021

When parties decide to separate or divorce, the issue of spousal maintenance always arises, especially if one partner does not have the means to support themselves. In such a case, you can apply to a court for financial support from your former partner in what is known as spousal maintenance. In addition, a court can issue orders for spousal maintenance to parties in a de facto relationship and those in a marriage. Read on to learn valuable facts about spousal maintenance in Australia.

What a Court Considers — According to Section 75 of Australia's Family Law Act, 1975, a court can consider many factors when deciding whether or not to grant a spousal maintenance order. For example, the income, financial resources and property owned by each party and the ability of the partners to access gainful employment are vital considerations. Also, a court accounts for each party's age and health status and whether couples have care and control of children below 18 years. Other essential considerations include whether either party supports another person or if they are divorced or separated. Besides, if parties to a marriage are cohabiting, a court examines the financial situation associated with such a living arrangement.

Duration of Spousal Maintenance — Remember that your former partner will not pay for spousal maintenance indefinitely unless there are specific pertinent reasons that a court might consider. The court confines such payments to a specific timeframe and a particular amount until the receiving party can stand on their own two feet in terms of finances. Circumstances such as permanent disabilities might cause a court to order spousal maintenance to be paid permanently.

Stoppage of Spousal Maintenance — Your ex-partner can apply to a court to stop remitting spousal maintenance for a myriad of reasons. For instance, if you marry another person or enter into a de facto relationship, the court can have reason to reduce or withdraw spousal maintenance. Similarly, if you get a job or your ex-partner loses their job and can no longer pay spousal support, a court can order that the regular payment stop or be reduced significantly. In a nutshell, there is no iron-clad method that a court uses to grant or deny an application to stop or vary spousal maintenance. Instead, it all depends on the merits of the evidence produced before a court.

Consult a Family Lawyer — It is advisable to seek an out-of-court solution for spousal maintenance. However, when the option fails, you must seek the services of a family lawyer to help navigate the process of applying for spousal maintenance. A lawyer will do the legwork for you at an agreed legal fee so that you can stand a high chance of receiving spousal support.