Financial Support and Maintenance
Maintenance means receiving financial support from (or providing financial support to) your former partner. Maintenance entitlements arise when one person needs financial support because their expenses exceed their income and the other person has capacity to provide that support.
We can assess the financial positions of you and your former partner, advise whether maintenance entitlements or obligations exist, assess the level of obligation, and negotiate maintenance payments.
We can also advise about and pursue urgent Court applications for maintenance and financial support when necessary.
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Frequently Asked Questions
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Spousal maintenance is financial support paid by one partner to the other after separation, where one person cannot meet their reasonable expenses from their own income or resources and the other has the capacity to help. It can be paid periodically or as a lump sum.
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Two things generally need to be established:
you cannot meet your reasonable needs from your own income or resources; and
your former partner has the capacity to pay.
The Court considers factors including age, health, income, property, capacity to work, the effect the relationship had on earning ability, and the care of any children.
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Yes. Child support is financial support for your children. Spousal maintenance is support for you as a former partner. They are assessed separately, and one does not replace the other.
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Yes. De facto partners can apply for maintenance on the same basis as married couples.
Different time limits apply: applications are generally made within two years of the end of a de facto relationship, and within 12 months of a divorce becoming final.
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