Depending on the situation that existed before separation one party in a marriage or de facto relationship that has broken down may be liable to provide spousal maintenance to the other.
This is particularly the case if one party is unable to support themselves because they care for children or are otherwise unable to work.
If you have separated, even if you still reside at the same address, you need to take immediate action to ensure you understand your legal rights and obligations around spousal maintenance. Financial pressures can soon build and taking action early could help both parties avoid tension and financial difficulties.
Spousal maintenance arrangements are put in place via a Court Order. That does not mean you have to go to court. It simply means that the situation, including each parties rights and obligations, are recognised by the Court and must be complied with.
Spousal maintenance can be agreed between the parties or may need Court intervention to reach an agreement. Where the Court considers the situation they will attempt to provide the most fair and equitable arrangement – which may include giving no spousal maintenance if the party does not have the capacity to pay it.
Issues considered by the Court include:
- The financial situation of both parties. Income, property, debts.
- The age and health of the parties
- Each parties ability to earn income and how this may have been affected by the relationship
- Suitable standard of living for the parties
- Whether children need to be cared for.
If you want to know more about spousal maintenance please call now on 07 4911 0500 or email us for a confidential consultation with an experienced Mackay family lawyer from Kelly Legal.
