Spousal Maintenance

There are situations where one partner is the primary financial provider during a relationship. On separation, the other partner can be left without any funds to pay for everyday living expenses. This can result in circumstances which are not just and equitable - particularly where there is a significant difference between the capacity for the two parties to earn an income, and where one party has the primary care of the children of the relationship.

The Family Law Act provides for the provision of 'spousal maintenance' - where one party provides a lump sum payment or payments by instalments to the other party to assist with the day-to-day living expenses for a certain period of time - often until such time as the substantive property settlement matter has been finalised.

As spousal maintenance is a complex area of law and receiving maintenance is not a certainty, we suggest you make an appointment with a Solicitor from our Family Law Department if you are considering make a claim for spousal maintenance - or if your former partner has made a claim that you pay maintenance.

For further assistance please refer to our Plain English Guides, or contact the Family Law Department on 6933 6950.

Peter Webb
Tara Freeburn
Lisa Regan

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