Spousal Maintenance

Spouse maintenance, or spousal support, is financial support paid by one party to a marriage or de facto relationship to their former spouse where the former spouse is unable to adequately support themselves. Spousal maintenance is discretionary.

In deciding whether you are entitled to spousal support, a court considers your needs and your former spouse’s capacity to pay. Other relevant factors include the age and health, income, property, financial resources, the ability to work, what is a suitable standard of living, and if the relationship has affected your ability to earn an income. A court also takes into account whether you have any children living with you.

If you marry someone else, you cannot receive or continue to receive spousal support. If you start a new de facto relationship the court will consider the financial relationship between you and your new de facto partner when considering whether you are able to support yourself adequately.

At Calley Rajah Family Lawyers, we are able to advise about your prospective claim for spousal maintenance and make any necessary application on your behalf.