Spousal Maintenance

When a relationship or marriage ends, financial support may be necessary to ensure that both parties can maintain a reasonable standard of living. Spousal maintenance refers to the financial support that one party may be required to pay to their former spouse or de facto partner after separation or divorce. At Mahony’s, our experienced spousal maintenance lawyers in Adelaide are here to provide expert legal advice, helping you understand your entitlements and obligations and ensuring that any agreements are fair and sustainable.

‍

Whether you are seeking spousal maintenance or defending against an unreasonable claim, our team is committed to guiding you through the process, helping you reach a financial arrangement that reflects your needs and circumstances. We understand that financial matters can be a significant source of stress during separation, and we are here to provide clear, practical advice tailored to your unique situation.

‍

Why Choose Mahony’s Spousal Maintenance Lawyers in Adelaide?

‍

• Expertise in Spousal Maintenance Law: We have extensive experience in handling spousal maintenance claims, ensuring that all financial arrangements are fair and reflect your needs.
• Personalised Legal Strategies: We understand that every separation is unique, and we provide tailored legal strategies to help you reach the best possible outcome.
• Clear Guidance on Your Entitlements: Whether you’re seeking or opposing spousal maintenance, we’ll guide you through your rights and obligations, making the process straightforward and transparent.
• We Are Here for You: From your first consultation to the resolution of your case, we provide compassionate and practical support to help you navigate the complexities of spousal maintenance.

‍

What is Spousal Maintenance?

‍

Spousal maintenance is a legal obligation for one spouse to provide financial support to their former partner after separation or divorce. In Australia, spousal maintenance is not automatic; it is only granted when one party is unable to support themselves adequately and the other party has the financial capacity to provide assistance.

This financial support can be temporary or long-term, depending on the circumstances, and is designed to ensure that both parties can meet their reasonable living expenses during and after separation.

Spousal maintenance may be necessary in cases where one party has sacrificed career opportunities to raise children or support the family, leaving them at a financial disadvantage after separation. In some cases, the payment may be a lump sum, while in others, it may be paid regularly, such as weekly or monthly.

‍

When is Spousal Maintenance Granted?

‍

In determining whether spousal maintenance should be granted, the court considers several factors, including:

• The Income and Financial Resources of Both Parties: This includes salary, savings, investments, and superannuation. The court assesses whether one party can meet their own living expenses and whether the other party has the financial capacity to provide support.
• The Age and Health of Both Parties: If one party is older or has health issues that affect their ability to earn an income, this will be taken into account.
• The Standard of Living During the Relationship: The court may consider the standard of living enjoyed during the relationship and whether it is reasonable for one party to maintain that standard.
• Contributions Made During the Relationship: Contributions such as homemaking, raising children, or supporting the other party’s career are also considered when determining spousal maintenance.
• The Care of Children: If one party is primarily responsible for caring for young children, the court may determine that spousal maintenance is necessary to ensure the caregiver can meet their financial obligations.

‍

Our spousal maintenance lawyers will help you assess whether you may be entitled to or obligated to provide spousal maintenance, ensuring that any claims are handled fairly.

‍

Types of Spousal Maintenance

‍

There are two main types of spousal maintenance:

1. Interim (or Temporary) Spousal Maintenance:
   This is financial support paid during the period between separation and when a final property settlement is made. Interim maintenance helps the financially weaker party manage living expenses while waiting for a final settlement.
2. Ongoing (or Permanent) Spousal Maintenance:
   This is financial support paid after the final property settlement, either for a defined period or indefinitely. It may be granted if the recipient is unlikely to become financially independent, such as due to age, illness, or full-time child care responsibilities.

‍