What does spousal maintenance include?
When a relationship breaks down it’s often a complex and difficult time. As you and your ex-partner adjust to a new way of life, spousal maintenance is designed to alleviate financial struggles. It’s paid by one ex-partner to another if they’re unable to support themselves for a period of time. Is it the same as child support? No, spousal maintenance is a different order to child support. That means both may be paid at the same time. Child support is for expenses related to raising a child such as school costs, food, clothing, and housing. Spousal maintenance covers an ex-partner’s expenses, where reasonable, that are not child related. What is covered? Depending on the circumstances, spousal maintenance may include: This may be paid after a divorce, or a de facto relationship breakdown if it meets legal requirements. Who is eligible for spousal maintenance? As outlined in the Family Law Act 1975, financial assistance is paid to a former partner if they are unable to support themselves. There must be a reasonable need, and both ex partners are responsible for supporting each other if they are in the position to do so. When the court is determining spousal maintenance, both sides will be considered. Both the needs of the recipient is determined as well as the capacity of the respondent to pay. Factors that are considered when determining eligibility include: If the recipient marries another person, they won’t be eligible for spousal maintenance unless ordered by the court. The same may apply to a de facto relationship depending on the financial arrangements. How do I apply for spousal maintenance? Before you apply for spousal maintenance, you will need to prepare comprehensive documentation. This is critical for presenting a strong case and meeting all eligibility requirements. Examples of documents you may need to prepare include income statements, asset details, bank statements, and relevant legal documents. To give yourself the best chance at a successful application, seek legal advice. An experienced lawyer will clearly explain your rights and navigate the complicated process for you. The times you can apply for spousal maintenance include: For urgent financial assistance, you can request that your matter is treated with urgency. This is done when you apply for financial or property orders, or you can do so after the application has been started. An urgent application must include other key documents such as an affidavit and a cover letter. Will it change over time? As personal circumstances change, so does spousal maintenance orders. The main factor is when the financial position of either partner changes. If the recipient begins earning a higher income or has support from a new partner, spousal maintenance may be reduced or stopped. There can also be times where the respondent is no longer in a financial position to support an ex-partner. This may be due to job loss or childcare expenses. There are strict legal procedures to request a change to spousal maintenance orders. An application will need to be submitted, and the court will decide whether to update or stop these orders. So, what if a period of time is specified in spousal maintenance orders? In this case, once the time comes to an end the recipient will need to submit an application to extend the financial support. Whether you’re the respondent or recipient, legal advice is always recommended if you wish to change court orders. What happens if spousal maintenance orders are breached? Breaching court orders are taken seriously by the Family Court of Australia. All parties must comply, and any breaches without an acceptable reason may result in costs or other penalties. If there’s a breach, options are to seek legal advice, attend dispute resolution, or apply to the court. A common misconception is that the courts will enforce family law orders. However, the recipient will need to follow a legal process to alert the court. This is complicated and it’s not just a matter of pointing out that the order has been breached. If you’re navigating spousal maintenance and would like legal advice or support, get in touch with our team.