Media headlines and American TV can sometimes create the impression that the former spouse of a high earning husband, wife or partner is automatically entitled to be kept in the manner to which he or she has become accustomed, for which their ex must keep on paying for the rest of their lives. This impression is misleading! (The US term for Maintenance is ‘alimony’).
What is Spousal or Partner Maintenance? It is the financial support that one person in a marriage or defacto relationship must pay to the other after the relationship has broken down. This includes same sex couples.
If you were in a defacto relationship, you must apply within two years of separation. If you were married, you must apply within one year of your date of divorce.
The Family Court can order one party to pay spousal maintenance to the other only if one person is unable to support themselves adequately and the other person is reasonably able to provide such support.
Time limits often apply to spousal or partner maintenance. For example, it may be payable for 6 months, 1 year or 2 years, or payable as a lump sum. Spousal or partner maintenance is a different obligation for child support obligations, which are solely for the benefit of children.
If spousal or partner maintenance is likely to be a factor in your separation, it is best to consult with a lawyer as soon as possible. Leach Legal offers a free, 15 minute telephone consultation to help clarify the issues on (08) 9486 9733.
Might I be entitled to Spousal or Partner Maintenance? Is my ex reasonably able to provide such support?
Is my ex seeking Spousal or Partner Maintenance? Am I reasonably able to provide such support?
Our team of experienced, professional, Perth Family Lawyers are here to help. Phone us for a free, phone consultation on (08) 9486 9733 and we’ll help sort out your spousal/partner maintenance problems.
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