Spousal Maintenance Lawyers in the Hills District and Sydney
Whether you need financial support after separation or are responding to a request for maintenance, Arnold Hills will help you understand your legal position, your options and the steps available to work towards an appropriate resolution.
SPOUSAL MAINTENANCE
Spousal maintenance is financial support that one spouse or former spouse may be required to provide to the other following separation or divorce. Under the Family Law Act 1975 (Cth) (Act), the Federal Circuit and Family Court of Australia may order maintenance where one party is unable to adequately support themselves and the other has the financial capacity to contribute. Spousal maintenance can also be agreed to privately without the court’s involvement and formalised through consent orders or a binding financial agreement.
Am I entitled to spousal maintenance?
There is no automatic entitlement to spousal maintenance simply because you have separated or because one person earns more than the other.
Under Section 72 of the Act, you may be entitled to spousal maintenance if you are unable to adequately support yourself due to:
- having care for a child under 18;
- age or physical or mental incapacity; and/or
- any other adequate reason.
You may be eligible to apply if:
Divorced
You are divorced (application must be made within 12 months of the divorce order).
De facto relationship
You were in a de facto relationship (application must be made within 2 years of separation).
Marriage annulled
Your marriage was annulled (application must be made within 12 months of the decree of nullity).
If the relevant limitation period has expired, you will generally need leave of the court to commence proceedings out of time. Strict requirements apply. Arnold Hills can advise you on and assist you with any limitation period issues.
What the court considers when assessing a spousal maintenance application
There is no mathematical formula for determining spousal maintenance entitlement or quantum. When assessing a spousal maintenance application, the court evaluates:
Financial Need
The applicant’s financial needs and ability to adequately support themselves.
Capacity to Pay
The other party’s financial capacity to contribute towards maintenance.
Financial Circumstances
Each party’s income, property, financial resources and financial commitments.
Age, Health and Employment
The age, health and earning capacity of each party, including their ability to undertake suitable employment.
Care of Children
Each party’s responsibility for the care of children under 18, including their housing needs.
Standard of Living
The standard of living established during the relationship.
Financial Arrangements
Any relevant property settlement orders or binding financial agreements.
Family Violence
The effect of any family violence, including its impact on a party’s financial circumstances.
Other Relevant Circumstances
Any other relevant fact or circumstance.
The relevance and weight of these factors will depend on the circumstances of each matter.
Spousal maintenance orders
Spousal maintenance may be ordered on an interim or final basis, depending on the financial circumstances of the parties. Maintenance may be paid periodically, such as weekly or monthly, or as a lump sum.
Depending on your circumstances, spousal maintenance may include:
- Interim maintenance: Temporary payment for financial relief while the parties’ proceedings are being determined.
- Urgent maintenance: Immediate financial assistance where a party has an immediate financial need and it is not practicable for the court to determine the substantive maintenance application straight away.
- Short-term maintenance: Financial support for a specified period, such as while a party seeks employment or undertakes further training.
- Ongoing or longer-term maintenance: Ongoing financial support may be ordered in rare cases.
When does spousal maintenance end?
Depending on the terms of the order and the parties’ circumstances, maintenance may cease:
- When the period specified in the order expires.
- Upon the death of either party.
- If the person receiving maintenance remarries, unless the court orders otherwise in special circumstances.
An existing maintenance order may also be varied, suspended or discharged by the court where the relevant legal requirements are satisfied, including where there has been a significant change in a party’s financial circumstances.
Speak with Arnold Hills, spousal maintenance lawyers in the Hills District and Sydney
Questions about financial support following separation can create significant uncertainty for both the person seeking maintenance and the person being asked to pay it. At Arnold Hills, we provide clear advice so that you understand your position, your options and the steps available to resolve your maintenance matter.
Arnold Hills assists clients throughout the Hills District, including Castle Hill, Norwest and Rouse Hill, as well as clients across Sydney, with spousal and de facto maintenance matters.
Contact Arnold Hills to arrange a confidential consultation about your spousal maintenance matter.
Contact UsFrequently Asked Questions
Can spousal maintenance be agreed without going to court?
Yes. Spousal maintenance can be agreed privately and, where appropriate, formally documented without contested court proceedings. The way an agreement is formalised will depend on your circumstances and whether maintenance forms part of a broader financial settlement. We can advise you on the most appropriate option and the legal effect of the proposed arrangement.
How is spousal maintenance paid?
Depending on the orders made by the court, or the terms of any agreement between the parties, spousal maintenance may be paid:
- as a lump sum payment;
- by periodic payments, such as weekly, fortnightly, monthly, yearly or another basis;
- for a fixed period, until a specified event occurs, or until further order of the court; or
- in another form permitted by the order or agreement.
How long is spousal maintenance payable?
There is no fixed period for which spousal maintenance must be paid. Depending on the terms of the order, maintenance may continue:
- for the period specified in the court order;
- until the recipient remarries (unless the court otherwise orders);
- until either party dies;
- until the court varies, suspends or discharges the maintenance order, including where there has been a relevant change in circumstances.
Can spousal maintenance orders be changed?
Yes. A spousal maintenance order may be varied, suspended or discharged by the court in certain circumstances, including where there has been a relevant change in the circumstances of either party.
Is there a time limit for making a spousal maintenance application?
You do not need to be divorced to make a spousal maintenance application. However, if you are divorced, you must make the application within 12 months from the date the divorce order takes effect. If you were in an eligible de facto relationship, you must make an application within two years of the breakdown of the relationship. If the relevant time limit has expired, an application generally requires the consent of both parties or the court’s permission. Obtain legal advice promptly about the requirements and any approaching deadline.
I have a financial agreement dealing with maintenance. Can I still make a claim?
If you have entered into a binding financial agreement that deals with spousal or de facto maintenance, the agreement may limit or prevent you from making a maintenance claim through the court. However, the effect of the agreement will depend on its terms, whether it is binding and whether the maintenance provisions satisfy the requirements of the Act. It is therefore important to obtain legal advice about the agreement and your particular circumstances. Arnold Hills can review your financial agreement and advise you on its effect and the options available to you.
