A Simple Guide to Spousal Maintenance

When a couple separates or divorces, it’s not just about dividing property or deciding who looks after the  children. In some circumstances, one person may also need financial support from their former partner to help them get by. This is called spousal maintenance.

Who Can Get Spousal Maintenance?

Not everyone is entitled to spousal maintenance after a relationship ends. A former spouse or partner may be entitled if they genuinely cannot meet their own reasonable expenses and if their ex-partner has the financial ability to help . The law says that a person may need spousal maintenance if they cannot support themselves for reasons including:

1. Looking after a child: If a partner is taking care of a child from the relationship who is under 18, they may be eligible for spousal maintenance.
2. Age or health issues: If a partner is too old to work or have health problems that make it difficult to get a job, they may also be entitled to support.
3. Other reasons: There may be other situations where a person is unable to earn enough money, and in those cases, they may be eligible for maintenance too.

Why You Should Engage a Specialist Family Lawyer

An experienced Family Lawyer can provide critical assistance by offering expert legal advice and representation.

An important role of a Family Lawyer is to assess your financial situation and that of your ex-partner to determine whether maintenance is likely to be granted and at what amount.

For the payer, A Family Lawyer can help minimise the payments by ensuring a fair assessment of financial capacities and needs.

For the recipient, a Family Lawyer can help secure appropriate financial support based on circumstances like caregiving responsibilities or health issues.

Importantly a Specialist Family Lawyer will guide you through the legal process, prepare the necessary documents, and negotiate on your behalf to reach a fair settlement. If the case goes to Court, an experienced Family Lawyer would represent you effectively, ensuring that all relevant factors are considered. Applications to modify or end spousal maintenance if financial circumstances change would also be handled, protecting your rights and ensuring a fair outcome.

How Does the Court Decide?

If you and your ex-partner can’t agree on spousal maintenance, the Court will look at a range of factors to decide if someone is entitled to maintenance and the amount.

Recipient of Spousal Maintenance

If you are seeking for your ex-spouse or partner to pay spousal maintenance to you, the Court would consider things including:

1. Your financial situation: The Court looks at how much money you have, including any savings, property, other resources and your income.
2. Your age and health: If your age or health affects your ability to work, the Court will take this into account.
3. How long you were married or in a relationship: If your relationship lasted many years, and you contributed to it by staying home or giving up work to care for the family, the Court may decide you need more support.
4. Your standard of living: The Court will try to make sure that you can maintain a reasonable lifestyle similar to what you had during the relationship.
5. Your ability to get a job: If you cannot get a job right away, the Court may give you some time to retrain or gain new skills.

Payer of Spousal Maintenance

If you are the person who may be required to pay spousal maintenance to your ex-spouse or partner, the Court will also consider the following factors:

1. Your income, assets, and financial resources: The Court will look at your total financial picture, including your earnings, savings, investments and property. They will want to see that you can reasonably afford to make payments without causing yourself undue financial hardship.
2. Your ex-spouse or partner’s needs: The Court will assess whether your former partner genuinely needs financial support and whether they have tried to become financially independent. For example, if they can work but have chosen not to, this will be taken into account.
3. Your reasonable living expenses: You are not expected to pay spousal maintenance if it leaves you unable to meet your own living expenses. The Court will factor in your costs, including housing, debts, and other financial commitments.
4. The standard of living during the relationship: The Court may aim to ensure that both parties can maintain a similar standard of living to what they had during the relationship, though this depends on your financial ability to sustain that standard.
5. The length of the relationship: The longer you were in the relationship, especially if your former partner gave up work to support the family or raise children, the more likely it is that they will be considered for maintenance.

Can the Amount of Maintenance Change?

Yes, the amount of spousal maintenance can be changed if circumstances change. For example, if you or your ex’s financial situation improves or worsens, either of you can ask the Court to review the payments.

Some reasons the amount could change or stop include:

1. For the recipient:

• Remarriage: If you remarry, that will usually stop the maintenance payments.
• Increase in earnings: If you get a new job, or start earning more money, the Court may reduce the payments.
• Reduction in earnings: Conversely, if your earning capacity drops by for instance due to a loss of a job, or reduction of hours/days, the Court may increase the payments.

2. For the payer:

• Loss of income: If you lose your job or your income decreases, the Court may adjust your payments to reflect your reduced financial capacity.
• Health issues: If health problems prevent you from working, this can also be grounds to request a modification to the maintenance arrangement.
• Retirement: If you retire or your earning capacity significantly decreases with age, the Court may review the amount of maintenance you and required to pay,

3. Court Orders: Spousal maintenance will usually continue for as long as the Court orders. In some cases, this could be for a set period to allow the receiving party time to retrain or re-enter the workforce.

How Do I Apply for Spousal Maintenance?