Spousal Maintenance – a Brief Overview

July 7, 2022

It is not unusual in relationships for one party to be a primary breadwinner, and one party to have a lower income. During a relationship, those resources are often pooled, and both parties live at a certain standard of life.

But what happens in the event of a relationship breakdown? And what happens if you are the party that is falling financially short?

This is where spousal maintenance becomes relevant. Under section 72 of the Family Law Act 1975 spousal maintenance is payable to a spouse or de facto partner where there is:

A spouse or de facto partner has the right to maintenance in circumstances where they are unable to support themselves because:

The additional factors listed in Section 75(2) include:

An application for spousal maintenance must be made within 12 months of a divorce order taking effect, or two years from the date of separation for de facto couples. An entitlement to spousal maintenance may cease in circumstances of re marriage or re-entering a relationship with another person.

Spousal maintenance can be complex and can either be negotiated by consent or via an application to the Court. Specialist advice should be sought to understand your entitlements, and your rights and obligations in relation to spousal maintenance.

Police Officer Support Scheme

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