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.
What is Spousal Maintenance?
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:
- They care for children
- Have been out of the workforce for a number of years
- Are unable to work for health-related reasons
Contact Melbourne Law Studio today to find out if you meet the requirements for spousal support in Victoria.
How Is Spousal Maintenance Provided?
Spousal maintenance may be provided in the following ways:
- Predetermined, periodic payments
- Lump sum payment
- Payment towards a specific one-off expense
- Ongoing payment of recurring expenses
- Access to assets such as transport or living premises until property settlement
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.
How is Spousal Maintenance Calculated?
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:
- The age of each spouse
- Physical health and mental capacity of each to gain employment
- Whether a spouse is caring for a child or children under 18
- Each party’s ability to support themselves or others
- Standard of living
Do Individuals in De Facto Relationships Get Spousal Maintenance?
Individuals who were in a de facto relationship may apply for spousal maintenance if they are eligible under the Australia Family Law Act.
Melbourne Divorce Lawyers
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.
