Mary Basta
Head of Family Law
Our experienced family law team can provide advice specific to your circumstances, assisting you in determining your eligibility for maintenance.
Spousal maintenance, or simply maintenance, refers to the financial support one partner may be obligated to provide to the other after a marriage or de facto relationship ends in Australia.
Distinct from child support, which is the financial assistance provided for the children of the relationship, spousal maintenance is specifically for the direct benefit of a partner.
To establish a claim for maintenance, it must be demonstrated:
- The claimant has a genuine financial need, meaning their income is insufficient to cover their reasonable living expenses; and
- The other party has a capacity to pay.
The amount of maintenance to be paid is contingent upon the individual circumstances of each case.
When determining an appropriate maintenance amount, the Court considers various factors, including each spouse’s income, assets, and financial resources, their age and health, any responsibility to support others, and the standard of living they enjoyed during the relationship.
Contact our family law team by calling us on 08 9488 1300 or by emailing us via info@culshawmiller.com.au to find out more about your individual circumstances today.
