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Maintenance
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 one party is unable to support themselves adequately due to:
- Having care and control of the parties’ child under the age of 18 years, or
- Age or physical or mental incapacity for appropriate gainful employment, or
- Any other adequate reason.
A Court can make order for payment of:
- Maintenance as a final order,
- Urgent maintenance,
- Maintenance until further orders, and
- Lump sum maintenance
What does the Court consider
When determining maintenance applications, the Courts consider the need of the applicant for maintenance and the respondent’s capacity to pay maintenance by reference to a list of factors which include:
- 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.
The above should not be treated as legal advice but general information.
To obtain advice on your RIGHTS, call AMA Legal on (02) 8610 3764 or 0431 630 158.
