Understanding Spousal Maintenance in Australian Family Law

Navigating the financial landscape post-separation can be challenging. At Gullickson Lawyers, we provide experienced guidance on spousal maintenance, ensuring your rights and obligations are clearly understood and effectively managed.

What Is Spousal Maintenance?

Spousal maintenance refers to financial support that one partner may be required to provide to the other following a separation or divorce. This support aims to assist the lower-earning or non-earning partner in maintaining a reasonable standard of living. It's distinct from child support, focusing solely on the needs of the former partner.

Eligibility Criteria

Under the Family Law Act 1975, a party may be entitled to spousal maintenance if they cannot adequately support themselves due to:

  • Caring Responsibilities: Having primary care of a child under 18 years of age.

  • Age or Health: Factors that impact the ability to gain suitable employment.

  • Income Disparity: A significant difference in earning capacities between partners.

The court will assess the financial needs of the applicant and the respondent's capacity to pay, considering factors such as age, health, income, property, and financial resources.

Application Timeframes

It's crucial to act promptly when seeking spousal maintenance:

  • For Married Couples: Applications must be made within 12 months of the divorce becoming final.

  • For De Facto Relationships: Applications should be filed within 2 years from the date of separation.

Applications made outside these timeframes require special court permission, which is not guaranteed.

Why Choose Gullickson Lawyers?

At Gullickson Lawyers, we offer:

  • Experienced Legal Advice: Our team has experience in family law, particularly in spousal maintenance matters.

  • Personalised Service: We provide tailored advice that aligns with your unique circumstances and goals.

  • Efficient Resolution: Committed to resolving matters promptly to minimise stress and legal costs.

Take the First Step Towards Financial Security

Understanding your rights and obligations regarding spousal maintenance is essential for your financial well-being. Contact Gullickson Lawyers today to schedule a confidential consultation and take control of your future:

Brisbane Office: (07) 3397 9922

Sunshine Coast Office: (07) 5222 4039

Secure your financial future with trusted legal support from Gullickson Lawyers.