If you think you may be entitled to or liable for married or de facto maintenance, Yarra Family Lawyers can assist by analysing your financial circumstances and providing the advice and support you need.
Commonly asked questions
What is spousal and de facto maintenance?
Post-separation, spousal maintenance is a lump sum, regular or periodic payment from one spouse to the other.
De facto maintenance also is a lump sum, regular and periodic payment from one de facto spouse to the other post-separation.
In America, spousal and de facto maintenance are referred to as Alimony.
Will I be obligated to pay maintenance?
A party will usually only be ordered to pay maintenance if they can afford it, and the other party does not have sufficient regular income to support themselves to a certain standard.
Whether maintenance might be payable and how much depends on whether a party has surplus income after paying all their expenses. Moreover, the other party has a shortfall of income after paying all their costs.
Each party’s income and outgoing costs need to be carefully examined and justified before reaching any conclusions regarding whether spousal or de facto maintenance is appropriate in the circumstances.
When determining whether maintenance is payable, the Federal Circuit and Family Court consider the following factors:
- each party’s age and state of health
- each party’s income, property and financial resources
- each party’s ability to work
- what is a suitable standard of living for each party
- whether the marriage or relationship has affected either party’s ability to earn income
How long will I be liable to pay maintenance?
Each case is different, and maintenance could potentially be payable for two years, or it could be payable for the remainder of the receiving party’s life. As a result, the circumstances of each case need to be carefully analysed by a lawyer. Maintenance is no longer payable if the receiving party remarries or dies.
Lump Sum Maintenance
In some cases, a party may receive maintenance in a lump sum. Lump sum maintenance is usually paid by adjusting the matrimonial or de facto assets in the receiving party’s favour.
Lump sum maintenance may be preferable to the liable party as it provides certainty about the period of time in which maintenance will be payable. For example, suppose the asset pool is divided equally; the liable party may wish to pay the receiving party $50,000 from their half of the asset pool to satisfy their liability to pay maintenance.
Is there a time limit on applying for maintenance?
If you are still married, you can apply for spousal maintenance at any time. It is not required that you are separated to apply for spousal maintenance, although it is uncommon to apply for spousal maintenance while the marriage is still intact.
If you are divorced, unless there are exceptional circumstances, you must apply for spousal maintenance within 12 months of divorce.
In the case of de facto relationships, unless there are exceptional circumstances, you have two years from the date of separation to apply for de facto maintenance.
Contact us today to discuss your liability or entitlement to receive spousal or de facto maintenance.
If you want to better understand the law regarding spousal and de facto maintenance, get in touch with us today for a free 30 minute initial consult