Spousal maintenance is financial support that is paid by one party, to the other, in circumstances where they cannot adequately support themselves. Spousal maintenance can apply to both married, and de-facto couples, and is separate to that of child support and adult child maintenance.
The Family Court will consider the following factors when determining whether to make an order for Spousal Maintenance:
- The care and control of the children under the age of 18 years;
- The commitments of each of the parties to support themselves and other persons
- The age and state of health of the parties;
- The capacity for gainful employment
- The income, property and financial resources of each of the parties;
- The eligibility of the parties for a pension, allowance or benefit;
- A standard of living in all the circumstances that is reasonable;
- Whether payment would increase the earning capacity of the other party;
- The rights of any creditors;
- Any contribution to the income, earning capacity, property and financial resources of the other party;
- The duration and impact marriage;
- The nature of cohabitation with any other person;
- The terms of any property settlement;
- The child support payable and being paid;
- The terms of any binding financial agreement;
- Any fact or circumstances in the opinion of the court the justice the case requires to be taken into account.
Spousal maintenance is often a complex area of law, and it is highly advisable that you receive specialised legal advice, tailored to your particular circumstances. If you are uncertain as to your rights, and whether you may be entitled to spousal maintenance, please call our team of dedicated Perth Family Lawyers.