Are you entitled to spousal maintenance?
It can often be the case that you are but just haven’t claimed for it. We can help!
Moving on from a long relationship can be a daunting idea for some partners, especially when one partner is dependent on the other for financial support.
Spouse maintenance or de-facto maintenance is financial support paid by one person to their former partner in circumstances where they are unable to adequately support themselves.
Each person has an equal obligation to financially assist their spouse or former de facto partner if that person cannot meet their own reasonable expenses post separation or divorce.
The court considers the needs of one person versus the capacity of the other partner to pay. The court considers the following about both of you:
- your age and health;
- your income, property, and financial resources;
- your ability to work;
- the expected suitable standard of living;
- if the marriage has affected your ability to earn an income; and
- with whom the children live.
Married couples must file their claim within 12 months of divorce, and de facto couples must file their claim within 2 years of separation. If you re-marry, you are not entitled to receive spousal maintenance unless you obtain an order from the Court to the contrary.
Please contact us today to see if you are likely to qualify for spousal or de facto maintenance.