Understanding whether you may be entitled to receive spousal maintenance or whether you may be required to pay it, based on your financial circumstances.
Negotiating spousal maintenance arrangements directly with the other party, including the amount, duration, and payment terms.
When you need financial support urgently and cannot wait for final proceedings, we can apply for interim spousal maintenance orders.
If a claim has been made against you, we advise on your rights and obligations and represent you in negotiations or court proceedings.
How spousal maintenance interacts with property settlements, child support, and Centrelink payments — and how to structure the best overall outcome.
Applying to vary or enforce existing spousal maintenance orders when circumstances have changed or payments are not being made.
The court considers whether the applicant has a genuine need — can they adequately support themselves from their personal income or assets?
The court assesses the other party's capacity to pay — do they have sufficient income and resources to provide financial support while meeting their own reasonable expenses?
A range of factors are weighed, including the age and health of each party, their earning capacity, the standard of living during the relationship, the duration of the relationship, and the care of any children.
The court determines the amount and duration of maintenance, whether as periodic payments or a lump sum, taking into account what is reasonable in all the circumstances.
There is no fixed duration. Maintenance may be ordered for a defined period — for example, until the receiving party completes retraining or until the youngest child reaches school age — or it may be ongoing, depending on the circumstances.
