Spousal Maintenance
Not all family law matters will require the payment of interim spousal maintenance. At Parry Coates Family Law, we provide spousal maintenance advice during our initial meeting with you.
The Law
Pursuant to section 72 of the Family Law Act (and s.90SF(1) for de facto couples), each party to a marriage or de facto relationship has a responsibility to financially support their spouse following separation if one person is unable to meet their own reasonable expenses from their income or assets. Income is not money received from an income tested pension, allowance or benefit.
When is Spousal Maintenance required?
In circumstances where:
one party, the applicant “is unable to support herself or himself adequately”; and
the other party, the respondent or liable party, is reasonably able to maintain the applicant.
Your inability to support yourself arises when your reasonable weekly expenses exceeds your weekly income.
A capacity to support the other party arises when your weekly income exceeds your reasonable expenses.
‘Reasonable expenses’ include, amongst other things:
Rent/mortgage
Food and household costs
Petrol and motor vehicle costs
Household utilities
Insurances
Education
Medical or pharmaceutical expenses
Will I need to pay Spousal Maintenance?
When our Family Law team meets with you, we will discuss each parties’ financial circumstances. It is generally interim spousal maintenance that we discuss where it is more commonly paid between separation and your property settlement.
The Family Law Act requires the Court to consider the following:
each party’s age and state of health
income, property and financial resources
party’s ability to work
the care arrangements for children of the relationship
effect of family violence
each party’s suitable standard of living; and
whether the relationship has affected a party’s ability to earn an income
The amount a liable party may need to pay will depend on what they can afford. Spousal maintenance is different from child support. A liable party may be exposed to spousal maintenance and child support.