SPOUSAL/DE FACTO MAINTENANCE
Maintenance is financial support paid by one party of the marriage (Spousal) or de facto relationship (De facto) to the other in the circumstances where the other party is unable to support themselves adequately due to:
- Having care and control of the parties’ children under the age of 18 years, or
- Age, physical or mental incapacity for appropriate gainful employment, or
- Any other adequate reason.
WHAT COURTS CONSIDER IN MAINTENANCE APPLICATIONS
In maintenance applications, the Courts consider:
- is the payer reasonably able to pay, and
- is the applicant unable to support themselves adequately.
In determining the above, the Courts consider:
- the age and state of health of each of the parties, and
- the income, property, and financial resources of each of the parties and the physical and mental capacity of each of them for appropriate gainful employment; and
- whether either party has the care or control of a child of the marriage who has not attained the age of 18 years;
- commitments of each of the parties that are necessary to enable the party to support:
- himself or herself; and
- a child or another person that the party has a duty to maintain; and
- where the parties have separated or divorced, a standard of living that in all the circumstances is reasonable;
- the duration of the marriage and the extent to which it has affected the earning capacity of the party whose maintenance is under consideration.
For a consultation with a Family Lawyer, call AMA Legal on (02) 8610 3764.
