Does my spouse need to financially support me after we have separated? Family Law Spousal Maintenance

by Andrew Lind on 19 April, 13

Yes. You may be able to apply for spousal maintenance.

If your spouse has a substantial value of assets and where you are unable to adequately financially support yourself,  you may be eligible to apply to the Courts for spousal maintenance.  Spousal maintenance can either be an order of the Court made in regular payments or in a lump sum.  Certain eligibility criteria’s will apply for the Court to make an assessment.

Some of the factors that a Court will consider are:

  • Reasonable living expenses of each spouse;
  • Where the children reside;
  • Age and health of both parties;
  • Income, property and financial resources of each of the parties;
  • Whether the spouse applying for spousal maintenance has an ability to work;
  • What standard of living the parties are accustomed to and whether it is suitable ; and
  • If the marriage has affected the lower income earning spouse’s ability to earn an income (because they have been the primary care-giver of the child/ren).

You can read more about how our Brisbane Family Lawyers can help you with Spousal Maintenance.

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