Am I entitled to spouse maintenance?

Following separation parties to a marriage or de facto relationship (which broke down after 1 March 2009) are generally expected to be self supporting.

It is sometimes the case however that one party (usually the female) is unable to financially support themselves and is in need of a spousal maintenance payment to be made to meet payments of their everyday living expenses. In certain cases it is possible this may result in that party being entitled to spouse maintenance. Such payments may be paid by way of a Jump sum or paid periodically and these payments are in addition to any child support that may be payable. Spousal maintenance is also separate from a property settlement.

The party claiming spouse maintenance needs to be able to show that:

1. There is a need for spouse maintenance
2. That the other party has the capacity to pay the spouse maintenance

If both tests are not satisfied the party will not be entitled to spouse maintenance.

Applications for spousal maintenance must be brought within one year after obtaining a divorce and the applicant spouse must be able to show to the court a need for spousal maintenance and that the other party has the capacity to pay.

The court takes into account the standard to which the parties became accustomed to living during the relationship and the reality of the post separation finances shared by the parties. Also taken into account is the need to protect the party who wishes to continue their role as a parent.

It is important to note that usually spouse maintenance is only paid until the property settlement matters are finalised and both parties have received their entitlements.