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What you need to know about spousal maintenance after separation

January 13th, 2020

You have separated, and are yet to agree on a property settlement, but you need access to money.

When a couple separate, it places an enormous strain on their finances.  Where previously the family income was only required to support one household, the same income is usually then required to support two separate households.  For the spouse who earns less or has been out of the workforce, this can be particularly challenging.

Often clients will tell us that they simply cannot afford to obtain legal advice or seek to settle their property matters after separation.  This in turn creates further problems associated with delaying a property settlement, including a continuation of financial strain on both parties.

If you are struggling to financially support yourself following separation then there are options available to you.  One of those options is spousal maintenance.

Spousal maintenance can be in the form of a lump sum payment or periodic payments for a period of time (for example weekly or fortnightly payments).  Spousal maintenance is financial support paid to the spouse who is in a weaker financial position and needs financial assistance, by the spouse in the stronger financial position who can afford to assist the other person, for a period of time to enable that spouse to recover from the separation.

The most common form of spousal maintenance, is an interim agreement for periodic payments until a property settlement can be reached.  Spousal maintenance may also continue for a period of time after a settlement is reached in some circumstances.

To be eligible for spousal maintenance, you need to be able to establish that your income is insufficient to adequately support yourself.  This will require an examination of your income and reasonable and ordinary expenses.  If you can establish that you have a need for spousal maintenance, the next step is to consider if the other spouse has the capacity to pay spousal maintenance, taking into consideration their income and own reasonable living expenses.

If you would like further information on spousal maintenance following separation, or other options to relieve financial stress, contact our Cairns and Mareeba Family Lawyers today on 07 4036 9700.

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