When a marriage or de-facto relationship breaks down it is quite common the individual financial circumstances of you and your former spouse will differ. Whilst property and financial settlements focus on the division of the assets and liabilities of the relationship, spousal maintenance is more focused on day to day living expenses.
An application for spousal maintenance can be made in its own right, though it typically will form part of a broader property and financial agreement. As with property and financial agreements it is preferable to reach agreement on spousal maintenance but where this is not possible it will be necessary to take the issue before court.
Spousal maintenance claims can be made within 12months of the date of divorce for married couples or 2 years for de-facto couples.
In determining a spousal maintenance application the Court will consider the income of both you and your former partner, your financial resources, the ability of both partners to earn and income and where applicable which partner children of the relationship live with.
To determine whether a spousal maintenance claim is right for you contact us to book a time to discuss your unique circumstances with one of our expert family lawyers.