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Spousal Maintenance

Understanding Your Rights and Responsibilities

Protecting Your Rights: Spousal Maintenance Support

Separation is a significant life event, and its definition has changed over time. Traditionally, it often meant one partner leaving the shared home. However, many couples today experience separation while still living under the same roof. This situation can arise from factors such as financial constraints, shared caregiving responsibilities, and the desire to reduce disruption, especially for children.

What is Spousal Maintenance?

Spousal Maintenance is the financial support one partner may be required to pay or provide to another following the breakdown of a marriage or de facto relationship. Is is designed to assist a former partner who cannot adequately support themselves due to factors such as:

Spousal Maintenance is separate from child support and focuses solely on the needs of the former partner.

Key Factors in Spousal Maintenance

The court considers several key factors when deciding on Spousal Maintenance:

Why Choose Foye Legal for Spousal Maintenance

We’re in this together

Facing financial uncertainty after separation? Need spousal maintenance support in the Illawarra, South Coast, or Sydney? Foye Legal can assess your claim and fight for your financial stability after separation. Contact us today.

WorkingWith Your Lawyer: Your Essential Toolkit

Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.

What To Expect From Your First Consultation With Us

Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.

Spousal Maintenance

FAQs

Parents have an obligation to financially support their children. The amount of child support payable is based on a formula applied by the Department of Human Services.

A former spouse (married or de facto) can apply for spousal maintenance if they cannot meet their reasonable living expenses and the other party has the capacity to pay.

This payment and agreement is not necessarily permanent. It may be temporary or ongoing, depending on the circumstances. Courts often encourage arrangements that enable the recipient to become self-supporting where possible.

Spousal Maintenance orders or agreements can be reviewed if there is a significant change in circumstances, such as the loss of income, remarriage or health changes.

Spousal Maintenance focuses on the financial needs of the former partner, where child support is specifically for the care and welfare of the children.

Yes, parties can negotiate and agree on Spousal Maintenance terms privately. These agreements can be formalised through a binding financial agreement or court orders.

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