Spousal maintenance is a form of financial support provided by one spouse to another following a relationship breakdown. Our specialist Family Law team has helped thousands of clients negotiate maintenance provisions following a relationship breakdown and can assist you too.
Spousal maintenance is financial support sometimes known as spousal support (formerly alimony). In marriage, it’s paid by one spouse to another when the second spouse can’t fully support themselves. It can also apply to de facto relationships (with special requirements).
Generally, the sooner you get legal advice, the better. However, even if it’s some time after you separate before you seek our help, we can still work with you to secure maintenance payments that meet your needs.
Spousal maintenance is determined based on factors like the lower income party’s needs, the other party’s ability to pay, age, health, income, and property and childcare responsibilities.
The Court considers how the marriage impacted earning potential, such as time off work for child-rearing.
You can agree on spousal maintenance through a Binding Financial Agreement or seek Court orders if there’s no agreement.
Applications must be made within 12 months of divorce or two years of de facto separation, but extensions may be granted by the court in some cases.
Legal fees increase with complex income or asset situations, and superannuation splitting.
At your first consultation, we will find out more about your situation and what other information we need to collect. This will then enable us to provide you with a written estimate of our fees.
The more easily you and your former partner can agree, the quicker the resolution. This is also an effective way of keeping your legal fees to a minimum.
Legal costs will increase in various circumstances, including:
Our Spousal Maintenance Team has significant experience in complex claims, and provides honest, no-nonsense advice to deliver outstanding results.
