SPOUSAL MAINTENANCE

One of the primary concerns following the breakdown of a relationship is how are you going to manage financially.

People find that while the property settlement is being resolved ongoing expenses such as mortgages and other expenses still need to be paid.

The law imposes a duty where it is necessary to support and maintain each other following separation. Reaching agreement can be challenging as parties to the relationship adjust to their new financial circumstances, especially when there is a disparity in the income or a perceived entitlement to that income.

If a party to the relationship is not able to support themselves, they can apply to the Court for an order for the other party to pay spousal maintenance. It can be in the for of a lump sum, a weekly amount or an order to pay certain expenses.

In making an application for spousal maintenance one party needs to show that despite doing everything that can, they are still unable to support themselves and then it is necessary to show that the other party has the capacity to pay.

We can advise you in the issue of spousal maintenance and assist you to reach an agreement with your spouse where possible.

 We can also assist and advise you on applying or resisting a court application for spousal maintenance if necessary.

 

Contact us to speak to an experienced family lawyer about your individual circumstances.