Spousal Maintenance

Spousal maintenance is financial support paid by one former partner to another after separation. It is designed to help a spouse who cannot adequately support themselves due to caring for children, age, health issues, or other circumstances that limit their earning capacity.

To qualify for spousal maintenance, you must demonstrate that you have a genuine need for financial support and that your former spouse has the capacity to pay. The court considers factors including your age, health, earning capacity, care responsibilities, and the standard of living during the relationship.

Spousal maintenance can be paid as periodic payments, a lump sum, or through the transfer of assets. Agreements can be formalised through consent orders or a binding financial agreement. Where agreement cannot be reached, we represent clients in spousal maintenance proceedings before the court.

It is important to note that spousal maintenance is distinct from child support and is not automatically included in child support assessments. We advise on the interaction between the two and help you structure financial arrangements to meet both obligations effectively.