Spousal maintenance is basically financial support that one spouse gives the other spouse following the end of their de facto or married relationship. The specific law could be found in the Family Law Act’s property section. In general, spousal maintenance is provided when one of the spouses requires financial support, if the other spouse is capable of providing support and it is considered proper and reasonable in all conditions that support is provided.
Why Spousal Maintenance Might be Necessary
Usually, the court will award spousal maintenance if one of the spouses is considered the earner in the relationship and one of the spouses doesn’t have substantial means to support herself or himself. Regular payments might be needed if there are inadequate assets for distribution, which would provide the disadvantaged spouse with some means of financial support.
Spousal maintenance, according to a top solicitor in QLD, might be payable indefinitely or for a specific timeframe. It could also be given through a settlement agreement by the spouses or by court order. It is likewise sometimes included in property allocation or settlement, either in a lump sum or a percentage distribution’s allowance as an alternative for frequent, ongoing payments. This could be done via percentage distribution adjustments or by a lump sum proposal amount in court orders and/or a settlement.
How is Spousal Maintenance Determined?
For determining which party should provide spousal maintenance and which party receives support, there are three factors to consider:
- Whether one party is incapable of adequately supporting herself or himself without spousal maintenance.
- Whether the spouse who should pay could really provide financial support both for himself or herself and the other spouse.
- Whether it is justifiable that spousal maintenance should be provided under certain circumstances, such that the receiving party earns enough to support himself or herself without having to sell anything.
Whether you stand to receive or provide spousal maintenance, it’s generally recommended that you seek legal counsel so that you could learn more regarding your obligations or entitlements. The same eligibility rules apply if you and your spouse had a de facto relationship.