What is Spousal Maintenance and am I eligible?

Spousal maintenance is a legal obligation for one spouse or de facto partner to provide financial support to the other after the breakdown of a marriage or de facto relationship. It is intended to provide ongoing financial support to a former spouse or partner who cannot meet their reasonable living expenses from their own income or resources. This obligation is separate from property settlement, which deals with the division of assets and liabilities.

Spousal maintenance applications can be complex, and to be eligible for spousal maintenance support you need to demonstrate that you have a need for financial support, for example by way of not being able to meet some or all of your reasonable living expenses and you can evidence that the other party has the capacity to pay maintenance. This amount will be calculated after taking into account the other party's reasonable expenses.

Usually the Court will consider such factors as age, health, and earning capacity of both parties, the length of the relationship, the standard of living during the relationship, if a party is caring or supporting any children of the relationship, and any conditions that may affect a parties capacity to earn.

To discuss if you are eligible for spousal maintenance or any other issue arising from the breakdown in your relationship, please contact Gannon Family Law to discuss.