What is Spousal Maintenance?

by | Jul 4, 2022 | Family Law

Spousal maintenance is the financial support of one spouse by the other spouse following the breakdown of a marriage or a de facto relationship. Spousal maintenance is payable when:

  1. One party requires financial support and therefore has a need (for example, the persons expenses are higher than their income); and
  2. The other party has the capacity to provide financial support (for example, once that person has met their own expenses they income left over to provide to the other party).

A spousal maintenance application will only be successful if both of the above criteria are proven. Therefore, if one party needs financial assistance but the other party is unable to provide financial assistance then the application will not be successful.

The Court will consider each parties income, standard of living and expenses when determining whether there is a ‘need’ and a ‘capacity to pay’.

If you need advice regarding spousal maintenance, please contact our experienced family lawyers at Nevett Ford Lawyers on (03) 9614 7111.