Grounds for spousal maintenance

Spousal maintenance will only be ordered if:

• The applicant is not able to meet his or her own reasonable needs; and

• The respondent has the capacity to pay or to contribute to those needs.

In considering whether to grant an application for spousal maintenance, evidence will be required which shows:

• What are the reasonable needs of the applicant?

  Note these “needs” can be generously interpreted and are subjective (ie considered in the context of the standard of living enjoyed during the relationship).

• What is the capacity of the applicant to meet his/her own needs? This is a test of earning capacity, not earnings.

• What is the capacity of the respondent to contribute to the needs of the applicant once their own reasonable expenses are met?

The court is also under an obligation to give consideration to the relevant factors set out in s 75(2), Family Law Act 1975 (Cth) (FLA) including:

• The age and state of health of the parties;

• The income, property, and financial resources of each of the parties;

• Whether either party has the care of any child under 18 years of age;

• The commitments of each party; and

• The cost of a "reasonable" standard of living (which is subjective and relative to the standard of living enjoyed by the parties during their relationship).

At Dhillon Legal, our team of family law attorneys in Melbourne can help you understand the grounds for spousal maintenance and provide you with the legal representation you need to navigate this complex area of family law.

How to apply for spousal maintenance

Generally, spousal maintenance orders are made to allow the party in need a period of time to enable that party to re-house themselves, complete a course of study, parent, or re-enter the workforce with a view to becoming self-sufficient. In general, such applications:

• Must be made within 12 months of the date of a divorce in the case of married couples or within two years in the case of de facto couples;

• Are usually for a limited period, usually on an interim basis or "until further order” and will generally end on the death of either party, on the remarriage of the applicant or on a date that is specified in the spousal maintenance order;

• Can be by way of a periodic payment, a lump sum payment, a combination of both, or for a non-financial purpose, eg the use of a car;

• Can be varied or discharged by the court if the parties’ circumstances change;

• Can be brought before the court urgently if necessary; and

• Are for the maintenance of one spouse by the other and are therefore independent to child.

Contact Us

If you need legal assistance with spousal maintenance or any other family law matter, contact Dhillon Legal today. Our experienced family lawyers can provide you with the guidance and support you need to navigate the complexities of family law. Contact us today to schedule a consultation.