Can I Get Spousal Maintenance?
Under the Family Law Act 1975, after separation, a person has a responsibility to financially assist their spouse, or former de facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets.
Both parties have an equal duty to support and maintain each other as far as they can.
This can mean a change of who pays, if their income differences change over time.
The initial spousal maintenance amount can be agreed by the couple or it can be dealt with by the court.
If you and your former partner have reached an agreement about this, you do not need to go to court.
It is best to include future variables, in case the person receiving the maintenance increases their income in the future.
It is also very advisable to document this agreement, and have it witnessed by a JP.
If you and your former partner cannot reach an agreement about this, you will probably need to go to court.
The Court will consider the needs of an applicant, the respondent’s capacity to pay and other factors.
You are not normally entitled to maintenance if you marry another person or if you start a new de facto relationship.
Australian Government Advice at:
www.fcfcoa.gov.au/fl/fp/spousal-maintenance.
In many cases it can be best to get professional legal advice.