What You Need To Know About Spousal Maintenance

In the event of a break up of a marriage, one party may be liable to maintain the other for a period of time if certain circumstances are met.

The primary purpose of spousal maintenance is to adjust for any disparity between the earning capacities of the parties based on their respective needs. An application for maintenance can be instituted before or within 12 months of a divorce and is usually for a short period of 2 – 3 years.

In order for a successful claim to be lodged, a party must show that there is a need for maintenance. This is normally due to one party having the care of children or incapacity to gain employment, and that they are unable to finance themselves from their own resources.

In Taguchi and Taguchi, the wife was not entitled to spousal maintenance as she was capable of seeking regular employment; however, she chose not to do so. A successful claim must also show that the other party has the financial capacity to contribute, which is assessed not only on current income, but also on property held and earning capacity.

Similar provisions also exist for couples in a de facto relationship.

For assistance and advice on spousal maintenance, feel free to email glenn@thextonlawyers.com.au, call anytime on 0410 639 921 or contact us online.

Glenn Thexton



Specialist Family Lawyer