If you are an individual going through a marriage separation, Melbourne Law Studio recommends speaking to a separation lawyer as soon as possible to understand your rights. Spousal maintenance is often shrouded in uncertainty and can be difficult to determine when a relationship has broken down.
Contact Melbourne Law Studio today to speak with a team of seasoned Melbourne divorce lawyers who will stand by you every step of the way.
Under the Family Law Act 1975 and Family Court Act 1997, an individual is legally obliged to provide financial assistance to an ex-partner or spouse if they cannot meet expenses on their own.
An individual is entitled to spousal maintenance if:
Contact Melbourne Law Studio today to find out if you meet the requirements for spousal support in Victoria.
Spousal maintenance may be provided in the following ways:
Spousal maintenance is not considered taxable income by the Australian Taxation Office. It is important to note that spousal maintenance is not the same as child support as spousal maintenance is not calculated to cover the cost of supporting children.
Spousal maintenance is determined by the courts after taking many factors into account. Your case will be presented by your separation lawyer, and the court’s aim is to ensure fair payments to the spouse without causing financial hardship to the party paying the maintenance.
Section 75(2) of the Family Law Act 1975 takes the following factors into account:
Individuals who were in a de facto relationship may apply for spousal maintenance if they are eligible under the Australia Family Law Act.
Contact Melbourne Law Studio online for a free consultation with a marriage separation expert. We provide clients with tailored legal solutions and comprehensive support, every step of the way.
Absolutely fantastic service. Highly recommend. The team at Melbourne Law Studio was very helpful and professional keeping me updated at all stages of the process providing the best of guidance and clarity in my personal matters. Demi was outstanding in the services provided from start to finish, very helpful and insightful with prompt responses to all my queries, making the whole process far less stressful. Thank you Ines, Demi and the team for helping me move on with my life. I would highly recommend Demi and the MLS team as a whole.
Melbourne Law Studio was a beacon of hope during a very challenging time in my life. The staff was empathetic, knowledgeable, and professional. They guided me through every step of my family law matter, providing clear explanations and support. I felt reassured knowing I had a strong team advocating for my rights. I am grateful for their hard work and commitment to achieving a fair outcome.
Going through a separation was one of the toughest experiences, but Melbourne Law Studio made it feel manageable. Even though it could get emotionally overwhelming, I could see a light at the end of the tunnel. Ines was patient, listened to all my concerns, and treated me with respect and kindness. She has a really easy demeanour about her and I felt like her and the team had my back every step of the way. I can’t thank MSL enough for their support.
After my separation, a friend suggested I reach out to Ines at MLS. From the start, she was not only professional but also genuinely supportive and open about the process, costs, and the likely outcomes. Her approach was in line with my goal of reaching a fair and amicable resolution. I’m really grateful for her kindness and attention to detail. Thank you
From the first call I felt like I was in the right hands with Melbourne Law Studio. They were friendly and made me feel heard. Ines and her team went above and beyond to make sure I understood all my options and helped develop a strategy to get the best result in what was a really messy parenting dispute. Their personal approach and genuine care made me feel like I was always welcome to call them and see what was happening or what was next, the waiting sometimes for the other side was hard so I’m truly grateful for that.
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