Spousal Maintenance

Q. If a property settlement has been reached, do I still have a claim for spousal maintenance?


Spousal maintenance is an issue which is considered independently of property settlement and just because one party has received assets or money by way of property settlement does not mean that they are not entitled to claim spousal maintenance. Depending on how the property settlement agreement was formalised, the terms of such agreement, and the individual circumstances of each case, will govern whether a party has a right to claim spousal maintenance.

A claim for spousal maintenance must be made within 12 months from the date of divorce or within 2 years of de facto parties separating however an application can be made after that time period if leave of the court is granted.

Contact us to discuss your claim for spousal maintenance.

Q. What is Spousal Maintenance?


Spousal maintenance is money paid by one spouse to another when wither the husband or the wife has a need to be maintained and the other spouse has the capacity to contribute to the financial support of their spouse.

It is the earning capacity of each spouse that is important and when we advise you about your rights and responsibilities regarding spousal maintenance we will need you to give us full details about the earning capacities of each of you as well as detail about what your reasonable weekly needs are. To ask us for a handy schedule to assist you calculate your reasonable weekly needs click here.

For defacto couples whose final date of separation is on or after 1 March 2009, a claim for spousal maintenance is available.

For couples whose final date of separation was before 1 March 2009 please see the comments under the heading “De facto and Same Sex Relationships”.

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