Spousal Maintenance: Eligibility and Application Guide

Am I Eligible for Spousal Maintenance?

In the aftermath of a separation or divorce, financial concerns can loom large as former partners adjust to a new way of living. This can be a stressful time for those involved, especially when one partner has been economically dependent on the other during the relationship.

In Australia, spousal maintenance serves as a crucial legal tool to address the financial needs of one partner post-separation, whether in a marriage or de facto relationship

What is Spousal Maintenance?

Spousal maintenance, as the term suggests, refers to the ongoing financial support provided by one partner to the other following the breakdown of a marriage or de facto relationship. Its primary aim is to ensure that both parties can maintain a reasonable standard of living post-separation, particularly if one partner would face economic hardship or disadvantage without the support of the other they once enjoyed.

Eligibility for Spousal Maintenance

Determining eligibility for spousal maintenance involves a careful assessment of various factors (including the financial needs and capacities of both parties) and will vary depending on the personal circumstances of those seeking maintenance and those from who maintenance is being sought.

Factors Considered for Eligibility

1. Ability to Support Yourself: To qualify for spousal maintenance, the partner seeking support must show that they are unable to support themselves adequately.  Factors that can impact one’s ability to support themselves can include age, state of health, income earning capacity and care responsibilities for children of the relationship.
2. Reasonable Needs: The partner seeking financial support must demonstrate that their reasonable living costs cannot be met without the support of their former partner. This often include an examination of their day-to-day  expenses relating to accommodation, utilities, healthcare, and childcare, amongst other things.
3. Reasonable Needs: The partner seeking financial support must demonstrate that their reasonable living costs cannot be met without the support of their former partner. This often include an examination of their day-to-day  expenses relating to accommodation, utilities, healthcare, and childcare, amongst other things.
4. Duration of Relationship and Contributions Made: The length of the relationship and the contributions made by each partner during the relationship may also be considered when determining whether someone is entitled to spousal maintenance. Longer relationships or significant non-financial contributions to the household (for example, time out of the paid workforce to care for children full-time) may strengthen a claim for spousal maintenance as it can show that parties had (and continue to have) a greater degree of financial interdependence on one another by virtue of their relationship.

Applying for Spousal Maintenance

The process of applying for spousal maintenance needs to begin with seeking legal advice from a qualified family lawyer so that you can understand your legal rights and responsibilities and consider how the law applies more specifically to your circumstances.

Negotiation and Agreement

In many cases, spousal maintenance issues are resolved through negotiation and voluntary agreement between the parties involved. This can involve discussions mediated by lawyers or through alternative dispute resolution methods such as mediation or collaborative law. Negotiated settlements offer the advantage of flexibility and can often result in outcomes that better meet the needs of both parties compared to court-imposed orders.

Court Intervention

If, however, negotiations are not possible or a mutual agreement cannot be reached, the matter may be escalated to the court for resolution. In such instances, the court will carefully assess the financial circumstances of both parties, as well as the relationship generally, to reach a decision.

If the matter is urgent and financial support is needed immediately, there is also the option to apply to the court to hear the case quickly.

Duration and Variation of Maintenance Orders

Maintenance orders issued by the court are generally confined to a specific time frame and amount payable, depending on the circumstances of the case and applications can be made to vary maintenance arrangements if there is a significant change in the financial circumstances of either party, such as a change in employment status or income level. In most cases however, spousal maintenance is sought to assist one partner for a period of time, usually until the party seeking maintenance can support themselves financially again.

New Relationships

Spousal maintenance will not be available to a partner that remarries unless the court otherwise orders. However, if the partner commences a new de facto relationship, the court will consider the new financial circumstances and whether the partner can adequately support themselves.

Conclusion

Navigating the complexities of spousal maintenance in Australia can be daunting, especially during the emotionally charged period following a separation. However, understanding the range of factors that can determine whether spousal maintenance is available may offer clarity and a way forward through the separation process.

If you find yourself in need of spousal maintenance after separation, contact Umbrella Family Law for timely legal advice.