Spousal Maintenance
According to the Family Law Act 1957, a person has a responsibility to financially support their former spouse if they are unable to meet their own reasonable expenses. If one spouse has been out of the paid workforce for a number of years due to illness or to care for the parties’ children and does not have current work experience or qualifications to obtain paid employment, their spouse is obligated to support them until they can earn (or generate) enough income to support themselves.
Spousal maintenance is an important concept in Family Law, representing a complex yet necessary part of post-divorce or separation. This financial assistance entails one former spouse paying support to the other, recognising the potential economic differences that may arise as a result of their marital relationship’s end.
Spousal maintenance can take several forms, ranging from periodic payments that maintain a continuous income flow to lump sum settlements that aim to provide the receiver with a stable financial foundation. These agreements are created with the receiving spouse’s financial requirements and the paying spouse’s financial capacity in mind.
The assessment of your financial needs and the ability of the other party to assist is dependent on both parties providing and sharing a comprehensive financial statement. This statement summarises your income and living expenses and serves as a critical foundation for evaluation.
If the court determines that spousal maintenance is appropriate, taking into account one party’s financial requirements and the other’s financial capability, the next step is for the court to determine a reasonable payment amount. This thorough approach guarantees that the spousal maintenance arrangement is appropriate for the unique circumstances and is just and equitable for both parties.
Our skilled Brisbane Spousal Maintenance Lawyers specialises in handling the complexities of spousal maintenance situations. We give customised assistance that takes into consideration the particular circumstances of each individual case. Whether pursuing amicable agreements through discussion or advocating in court, our goal is to create equitable and sustainable spousal maintenance arrangements. Our Brisbane Spousal Maintenance Lawyers are experienced in applying for and responding to Spousal maintenance claims.
Ultimately, the goal of spousal maintenance is to help both parties’ transition smoothly into their post-marital life through facilitating financial stability and a reasonable standard of living. We strive to ensure that the complications of spousal maintenance are managed with sensitivity and a focus on attaining fair outcomes through our skill, devotion, and compassionate approach.
