After a relationship ends, questions often arise about spousal maintenance and ongoing financial support for a partner, especially if one hasn’t been working due to reasons such as caring for children, incapacity, or age. Below are some frequently asked questions about spousal maintenance and financial support following the end of a relationship.
What is Spousal Maintenance?
Spousal maintenance is an arrangement between former partners where one provides financial support to the other after the end of their marriage or de facto relationship. In some countries, this is known as “alimony.”
It’s important to note that spousal maintenance is different from child support or adult child maintenance, which specifically covers financial support for children.
Who Can Apply for Spousal Maintenance?
A spouse or de facto partner in need of financial assistance can apply for spousal maintenance from their former partner.
When is Spousal Maintenance Payable?
Spousal maintenance is generally payable when:
- One party needs financial support;
- The other party is capable of providing that support; and
- It’s appropriate given the circumstances for the support to be provided.
How is Spousal Maintenance Paid?
Spousal maintenance can be paid in various ways, most commonly through regular monthly payments from one partner to the other. These payments can cover cash needs or direct expenses, such as mortgage repayments, utility bills, health care costs, and other daily living expenses.
Alternatively, spousal maintenance can be paid as a lump sum as part of a property settlement.
Can Spousal Maintenance Be Included in a Property Settlement?
Yes, spousal maintenance can be an important factor in finalising a family law property settlement and may be included as a lump sum.
How Do I Apply for Spousal Maintenance?
To apply for spousal maintenance, you can lodge an application in the Federal Circuit and Family Court of South Auckland Manukau by submitting an Initiating Application with supporting affidavit evidence and a Financial Statement outlining your current financial situation. This application can be filed on its own or alongside a final financial property settlement.
When Can I Apply for Spousal Maintenance?
You can apply for spousal maintenance from the day of separation from your partner or spouse. If you are married, you do not need to wait for the divorce to be finalised to apply.
Is There a Time Limit to Apply for Spousal Maintenance?
Yes, time limits apply depending on whether you were married or in a de facto relationship:
- For married couples, you must apply within 12 months of the divorce order. After this period, you will need to demonstrate hardship to be allowed to file a spousal maintenance application.
- For de facto couples, the application must be made within two years of separation. After two years, you must prove hardship to make an application.
Do I Have to Pay Spousal Maintenance?
It depends. Under the Family Law Act 1975, one party in a marriage or de facto relationship is required to provide support to the other to the extent that they can reasonably do so, and only if the other party cannot adequately support themselves.
How Long Am I Required to Pay Spousal Maintenance?
The duration of spousal maintenance payments varies on a case-by-case basis. Payments can continue on an ongoing basis while property proceedings are finalised or as a lump sum at the conclusion of a property settlement. Spousal maintenance can be ordered for an indefinite period or for a specific timeframe with a set end date.
How is Spousal Maintenance Assessed?
The Federal Circuit Court and Family Court use a threshold test, commonly summarised as “need versus ability to pay.” The Court considers:
- Which partner has the care and control of a child under 18 years of age;
- The age and physical/mental capacity of each party for gainful employment;
- The reasonable standard of living within the context of the family; and
- Other relevant factors, such as family income, resources, and financial commitments to support oneself and any children.
Can I Defend a Spousal Maintenance Application?
Yes, you can defend a spousal maintenance application by filing a Response to the Initiating Application along with an affidavit and Financial Statement in the Federal Circuit and Family Court.
Conclusion
Dealing with spousal support can be complex, but having the right information empowers you to make informed decisions. Understanding the factors that influence support and the legal steps involved can greatly affect your financial outcome during separation or divorce.
Each case is unique, so it’s often wise to seek professional advice to ensure a fair outcome. Equip yourself with the right knowledge and approach this process with confidence, paving the way for a smoother transition into the next stage of your life.
At Clarity Lawyers, our mission is to help you gain clarity and take the next steps in your life. Whether you need guidance before moving in with a new partner or are seeking the best outcomes after a separation, we’re here to support you. Our approach is both compassionate and dignified. While we’re prepared to use firm strategies when needed, we believe in fostering amicable relationships, as experience shows that a cooperative approach often yields the best results.
If you’re ready to talk to a specialist about your Family Law matter, reach out to us today for a confidential consultation
