Your Spousal Maintenance Brisbane team of family lawyers
VM Family Law understands that navigating spousal maintenance matters can be difficult; our Brisbane lawyers are here to assist you in any way they can.
Our family law specialists have extensive experience representing clients with Brisbane de facto separation or divorce-seeking spouse maintenance order settlements. If your situation requires the counsel of an expert spousal support lawyer located in Brisbane, turn to VM Family Law for professional advice tailored specifically to your situation.
Connect with one of our knowledgeable legal staff members today; we’re ready when you need us.
Your next steps with VM Family Law’s Spousal Maintenance lawyers in Brisbane
Going through a separation can be difficult at any stage of life can be difficult. Our Brisbane spousal maintenance lawyers will work with you to define the outcome you hope to achieve, and walk you through the steps to help get you there.
We understand that every relationship is different. People have different incomes, living situations, and family sizes. Being a family law specialist team, we can tailor an approach to fit your needs that is handled by our team of friendly and knowledgeable professionals and accommodating of your situation.
Brisbane Spousal Maintenance FAQs
Spousal maintenance is money paid from one partner to the other to support the receiving party financially through the divorce or de facto break-up.
Spousal maintenance is only used as a short-term solution to keep one spouse afloat while the property settlement is being finalised and then a financial ‘clean break’ after the separation is advised by the Court.
For spousal maintenance to be relevant to your separation, the receiving spouse must show that they need that they cannot meet (without access to public funds) and that you can financially support them alongside supporting yourself.
Spousal maintenance arrangements can be agreed upon privately between former partners, or the Court may intervene and make an order for payments. There are three types of spousal maintenance orders:
- Urgent spousal maintenance: in rare cases where one party is cut off financially
- Interim spousal maintenance: temporary support pending the conclusion of proceedings
- Final: order made at end of proceedings. Note that even if a final order has been put in place, circumstances could later lead to it being varied.
Spousal maintenance is not influenced by the gender of either spouse, but by the capacity each person has to work and earn their income. This is determined by considering factors such as age, health, parental responsibility and ability to work, just to name a few. Spouse maintenance orders are specific to each unique relationship and their circumstances and also take into account the difference in each spouse’s income.
The Court will also take into consideration any new marriage or de facto relationship you have entered into when financially qualifying you for spousal support or maintenance. Seek the advice of one of our Brisbane spousal maintenance lawyers to find out if your situation qualifies for spousal maintenance or spousal support.
Spousal maintenance is designed to be a short-term solution to help a spouse get through the interim period before a property agreement is finalised. The duration of a spousal maintenance order is determined by each spouse’s circumstances and is reviewed if anything significantly changes.
The end goal of this process is to ensure each couple has a ‘clean break’ and is no longer bound to each other financially. Therefore, each spouse is expected to try and seek their income after the property settlement agreement is finalized and independently support themselves financially after the separation.
Spousal maintenance may be ordered by the court in Brisbane if one spouse can show that they are unable to adequately support themselves after the divorce and that the other spouse can pay. If you are considering seeking spousal maintenance, it is important to speak with an experienced family law attorney who can help you understand your rights and options.
Spousal maintenance is not an automatic right or obligation upon separation. The Family Law Act 1975 provides that one party to a marriage is liable to maintain the other party to the marriage if, and only if:
– the other party is unable to support themselves; and
– the first party can reasonably do so.
Therefore, if you are unsure whether you can apply for spousal maintenance, or will need to support your partner after your separation, it is best to seek legal advice. Our spousal maintenance Brisbane lawyers can provide you with expert advice specific to your situation.
contact us today for a consultation.