We are experienced spousal maintenance lawyers that can help you negotiate or claim spousal maintenance payments if they apply to your divorce.
Due to a variety of circumstances, separating couples can have an obligation to provide ongoing financial payments from one partner to another. This can be in the form of a periodical (monthly or weekly perhaps) or lump sum payment from one former spouse or de facto partner to the other. There is not an automatic right to spousal maintenance or child support. Whether it is applicable, and the amount will depend on your unique circumstances.
The Family Law Act in Victoria states that one partner in a relationship is liable to maintain the other person in many cases. This usually applies where one partner will be unable to adequately manage his or her own reasonable financial needs. The other spouse would also have to meet the capacity to pay spousal maintenance after accounting their own reasonable financial needs.
There are many different spousal maintenance arrangements payment agreements that can be put in place. This can either be agreed between the parties as part of their divorce, or as a result of a Court Order if necessary. Spousal maintenance payments may be agreed to be paid periodically or as a single lump sum. They can also involve one party paying agreed expenses directly for the other.
The Court will consider many factors when it is determining whether one party is able to adequately support themselves. Costs which may be included in the provision of spousal maintenance can include care and education of any children from the marriage, the age and the state of health of either party, and any limitations of either party to gain reasonable employment.
Even if one of the ex partners is unable to adequately support themselves financially, the other person will only be liable to provide support, so far as they are reasonably able to do so.
After divorce proceedings, applications for spousal maintenance must be made within 12 months of the divorce order becoming effective. In a de facto relationship, this can extend to a two year period after separation.
We have acted on behalf of men and women as spousal maintenance lawyers in Kew, Northcote, Fitzroy, Carlton and of course Clifton Hill and Melbourne’s CBD. We can help you, no matter if you are the one wishing to obtain spousal maintenance payments or if you are being claimed against.
Contact us on (03) 9995 9155 for more information.
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