Spousal maintenance is not automatic. Whether or not you are entitled to receive spousal maintenance will depend upon your circumstances and whether you are able to meet your reasonable expenses yourself from your own income or assets. Even if you are unable to meet your reasonable expenses yourself spousal maintenance will only be paid to you if your former spouse has the capacity to make those payments to you. The right to spousal maintenance stops if you remarry. Also if you commence a defacto relationship consideration will be given to the financial circumstances of that relationship, including your defacto partner’s financial circumstances, in determining your entitlement to spousal maintenance.
Yes. If your defacto relationship ended before 1 March 2009 (or 1 July 2010 in South Australia) you will not be entitled to seek spousal maintenance under the provisions of the Family Law Act 1975 unless your ex-partner agrees for that legislation to apply.
Matters that are taken into consideration in deciding whether a spouse has a need for spousal maintenance include your age and health, your income, property and financial resources, your ability to work and how the marriage, or defacto relationship, has affected your ability to earn income, what is a suitable standard of living and whether any children are living with you.
Spousal maintenance can be applied for by a party to a defacto relationship that has ended up until two years after the end of that defacto relationship. The time limit in relation to spousal maintenance is created upon the end of the relationship, just like for defacto property settlement. In very limited circumstances you may be able to get permission from the court to apply for spousal maintenance after the time limit has expired.
Spousal maintenance can be applied for by a party to a marriage at any time after separation up until twelve months after a divorce has been granted. A time limit in relation to spousal maintenance is created upon a divorce becoming effective, just like for property settlement. In very limited circumstances you may be able to get permission from the court to apply for spousal maintenance after the time limit has expired.
Spousal maintenance is a payment made by one party to a marriage, or defacto relationship, to the other party from that relationship after separation. It is a payment made when one party cannot adequately support themselves following separation and the other party can afford to provide that support.