Spousal Maintenance

At Drinkwater Criminal and Family Lawyers, we understand that financial arrangements following a separation can be complex and emotionally challenging. Serving clients in Forster, Taree, Newcastle, Port Macquarie, and surrounding areas, our dedicated legal team offers expert advice and representation concerning spousal maintenance to ensure your financial interests are protected.

Understanding Spousal Maintenance in New South Wales

Spousal maintenance refers to the financial support that one partner may be required to provide to the other after separation or divorce. Under the Family Law Act 1975, individuals have a responsibility to assist their former spouse or de facto partner if that person cannot meet their own reasonable expenses from their personal income or assets.

Eligibility for Spousal Maintenance

To determine eligibility for spousal maintenance, the court considers:

Financial Need: Whether the applicant cannot adequately support themselves due to factors such as age, health, or responsibility for caring for children.
Capacity to Pay: Whether the respondent has the financial means to provide support after meeting their own reasonable expenses.

The court evaluates various factors, including:

Age and health of both parties.
Income, property, and financial resources.
Ability to work and earning capacity.
Standard of living during the relationship.
Impact of the marriage on earning capacity.

Additionally, the court considers with whom any children under 18 years of age reside.

Types of Spousal Maintenance

Interim Maintenance: Temporary support provided until a final agreement or court order is established.
Periodic Maintenance: Regular payments made for a specified period.
Lump-Sum Maintenance: A one-time payment designed to cover future needs.

Time Limits for Applications

Applications for spousal maintenance must be made within:

Married Couples:
- 12 months from the date of divorce.
De Facto Relationships:
- 2 years from the date of separation.

Applying outside these time frames requires special permission from the court, which is granted only in exceptional circumstances.

Our Legal Services

Personalised Legal Advice: We provide tailored guidance to help you understand your rights and obligations regarding spousal maintenance.
Negotiation and Mediation: Our team assists in negotiating fair maintenance agreements, aiming to resolve matters amicably without court intervention.
Court Representation: If an agreement cannot be reached, we offer robust representation to advocate for your interests in court.
Modification and Enforcement: We assist in modifying existing maintenance orders when circumstances change and enforce orders if obligations are not being met.

Why Choose Drinkwater Lawyers

Local Expertise: With extensive experience in Forster, Taree, Newcastle, and surrounding regions, we have a deep understanding of the local legal landscape and court procedures.
Client-Focused Approach: We prioritise your well-being, offering compassionate and personalised strategies tailored to your unique situation.
Comprehensive Support: From initial consultations to final resolutions, we provide continuous support, ensuring you are informed and confident throughout the legal process.

Contact Us

If you're facing challenges related to spousal maintenance, seeking professional legal advice is crucial. Contact Drinkwater Criminal and Family Lawyers today to schedule a confidential consultation. Let us provide the support and guidance you need to navigate this complex area and secure your financial future.