Separation & Divorce Lawyers Sydney

SPOUSAL MAINTENANCE & DE FACTO MAINTENANCE

We’re here to help you navigate the path forward.

What is Maintenance in Family Law?

Maintenance (whether spousal or de facto) is financial support that one former spouse or de facto partner may be required to pay to the other after the end of their relationship. Its purpose is to help the recipient meet their reasonable living expenses if they are unable to adequately support themselves. This support can be paid as a regular periodic payment or as a one-off lump sum.

How LEDA Lawyers can help

Navigating spousal or de facto maintenance requires a clear understanding of your legal position. At LEDA Lawyers, we provide expert guidance to help you navigate this complex process and secure a robust outcome. We are dedicated to providing strategic and effective advice so you can understand your rights and obligations, whether you are seeking financial support or are being asked to provide it. Our focus is on achieving a decisive resolution, empowering you to move forward with financial certainty.

Am I eligible to receive maintenance?

Eligibility is not automatic and is determined on a case-by-case basis. To be eligible, you must prove two things to the court:

A Genuine Need: You must demonstrate that you cannot adequately support yourself, for reasons such as:
- Having the primary care of a child of the relationship under 18;
- Your age or health prevents you from working or earning a sufficient income;
- You have a limited income-earning capacity due to being out of the workforce during the relationship.
The Other Partner’s Capacity to Pay: The other party must have the financial ability to provide support without causing themselves undue hardship.

Is maintenance the same as child support?

No, they are distinct and serve different purposes.

Spousal or de facto maintenance is financial support for a former partner to assist with their own living expenses.
Child support is financial support for the care and upbringing of a child. It is paid to the other parent or carer, and the amount is generally determined by a formula administered by the Child Support division of Services Australia.

How is maintenance calculated?

There is no set formula for calculating spousal or de facto maintenance. The amount and duration are determined by the court based on a holistic assessment of both parties’ financial and personal circumstances. The court considers a wide range of factors under the Family Law Act, including:

The age and health of both parties.
Each party’s income, property, financial resources, and ability to work.
Whether one party has the care of a child of the relationship.
The standard of living that the couple was accustomed to during the relationship.
The length of the relationship.

How long does maintenance last?

The duration is not fixed and is determined by the specific circumstances of the case.

In many instances, it is intended to be a temporary form of support to help the recipient become financially independent. However, in some situations, such as where one party is unable to work due to a serious medical condition or age, it may be ordered on a more permanent or indefinite basis.

Spousal maintenance payments generally cease upon the death or remarriage of the recipient.

DO I HAVE TO GO TO COURT TO GET MAINTENANCE?

Not necessarily. Many couples reach a private agreement on spousal maintenance without needing to go to court. This can be formalised through a legally binding document like a Binding Financial Agreement or a Consent Orders. This approach often saves time, money, and emotional distress. If an agreement cannot be reached, an application can be made to the Federal Circuit and Family Court of Australia.

ARE THERE TIME LIMITS TO APPLY FOR MAINTENANCE?

Yes, strict time limits apply:

For married couples: An application for spousal maintenance must be filed within 12 months of the divorce order becoming final.
For de facto couples: An application must be filed within two years of the de facto relationship ending.

It is possible to apply for an extension, but this is not guaranteed and requires you to prove that you would suffer hardship if the application is not granted.

If an agreement can’t be reached, we can advocate for you in court to acheive the best outcome for you.

Take the First Step Towards Clarity

You don’t have to navigate this challenging time alone. We invite you to contact us for a confidential initial consultation. This is an opportunity to discuss your situation, understand your legal options, and gain peace of mind about the path ahead.

Contact Us Today

Ready to take the first step? Call us on 02 8528 7590 or fill out our online inquiry form to schedule your consultation. Our office is conveniently located in Burwood, NSW.

Let us help you move forward with confidence.

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