How Spousal Maintenance Payments Are Work Out
- Under the Family Law Act (1975), the Court has, among other things, the power to order periodic payments and the transfer of property to one’s ex-partner for the purpose of spousal maintenance
- Spousal Maintenance is not automatic upon separation or divorce. An application for spousal maintenance in most cases must be made no longer than 12 months after a divorce becomes final.
- In granting a spousal maintenance order, the Court will consider the circumstances of the parties, with the objective of balancing the needs of one party with the capacity of the other to pay for such needs.
- Factors which the court may consider favorable when reviewing a Spousal Maintenance application include:
- Whether the applicant has care or control of the child of the marriage who has not yet attained the age of 18
- Whether there is a prospect of maintenance payments enhancing the recipient’s ability to earn an adequate income (through assisting the recipient in funding his/her education or relevant training).
- Whether the applicant is of advanced age and/or of poor health
- Whether the party from which the applicant is seeking spousal maintenance from, is in an adequate financial position to provide the appropriate maintenance.
Having realistic expectations and someone to stand up for your rights can make a big difference to either party. If you want a spousal maintenance lawyer in Melbourne to act on your behalf, contact Rowan Skinner and Associates Lawyers to book an initial consultation.
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