Spousal Maintenance Lawyers Perth

Spousal maintenance is financial support paid by one partner to another when their marriage or de facto relationship has broken down.

The second test is the person being asked to pay has the financial capacity to contribute to the reasonable needs of the person unable to support themselves.

No. Child support is separate. Child support is based on the number of nights per year that each parent has with the child. The purpose of child support is to provide financial support for the children.

Spousal maintenance often takes the form of periodic payments from one partner to the other.

This can either be cash payments, or payment of a particular expense on behalf of the partner, such as paying their rent, mortgage installments, private health care costs or other day to day expenses.

Another common form of spousal maintenance is through a lump sum payment at property settlement.

It is a common misconception that each person in the relationship needs to be maintained to the standard prior to separation. This is not the case, but the way that each of you lived before separation will be taken into consideration to understand what is reasonable.

There is no formula that the court uses to calculate what is reasonable, and it is recommended that you get legal advice before making your application. Each case is assessed on its own merits.

Mr Hardison and Mr Peters have been married for 2 years. Mr Hardison has a significantly higher earning capacity than Mr Peters and Mr Peters has been off work for four years due to psychological issues.

Upon separation, Mr Peters applied for a spousal maintenance order of $2,500 per week.

The judge in the matter looked through Mr Peter’s expenses and found that several things that Mr Peters had claimed were not reasonable. For example, Mr Peters claimed that he required $350 per week for skin care products. The trial judge commented that this was not a reasonable expense. Mr Peters also claimed as a necessary commitment $550 per week for holidays. The judge also found this figure excessive.

Hardison v Peters [2019]

This also depends on the individual circumstances of your case. There is no minimum or maximum period set by the law.

The payment of spousal maintenance can be ordered for a prolonged period of time or a shorter period of time with an end date.

This can be due to a change in circumstances, such as the partner who previously needed maintenance having a change in circumstances- such as obtaining employment or re- partnering.

If you were married, the deadline to lodge a spousal maintenance application is 12 months after your divorce.

If you were in a de facto relationship, an application needs to be filed within 2 years from the date of separation.

If this time limit has passed, it is still possible to make an application for spousal maintenance, but you will need to prove that you are experiencing hardship as a result of not having access to maintenance form your partner.