Spousal Maintenance

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At Amanda Little & Associates we can assist you with all aspects of property settlements including Spousal Maintenance. Our clients often ask us what’ is spousal maintenance. Essentially it is a payment to the “disadvantaged party” to cover the costs of their living expenses and needs until they are in a position to support themselves.

There are two types of Spousal Maintenance:

  1. Urgent or Interim Spousal Maintenance ( made on an urgent and temporary basis);
  2. Long term Spousal Maintenance ( made on a final basis for a set period of time, or triggered on a certain event.

The primary purpose of maintenance is to adjust the disparity between incomes and earning capacities between parties ( Husband and Wife or de facto partners) and is usually for a short period.  It may be made as compensation for economic disadvantage and for a long period if a sufficient adjustment cannot be made by way of property settlement Mitchell & Mitchell (1995) FLC. 

Dividing Property in a Divorce

When and how can an Interim/Urgent Order for Spousal Maintenance be made?

Interim orders can be made;

  • Until a lump sum payment of property is paid (Davidson & Davidson (1991) FLC);
  • Without a full hearing on all aspects of the case H & H (1985) FLC;
  • For a fixed period but reserving liberty to the applicant to apply for the order to continue (Kauiers & Kauiers (1986) FLC); and
  • Into a recipient of a lump sum or transfer property has had time to liquidate assets and invest proceeds (Petterson & Petterson (1979)FLC).

Wish to discuss your situation?

Please contact us for relevant advice and help in reaching a resolution for your property settlement on 02 4761 6935

Statutory Limitation periods – how long do I have to apply?

A party to a marriage or de-facto relationship is obliged pursuant to s72 or s90S(f)(1) to maintain the other party according to their respective needs and abilities to pay.

Maintenance proceedings can be instituted;

  • Before a divorce;
  • After a divorce but subject to the 12-month time limitation set out in s44(3);
  • Even if the marriage is void section 71;
  • During a marriage and after the break down of the de-facto relationship s90SE(1)

Wish to discuss your situation?

Please contact us for relevant advice and help in reaching a resolution for your property settlement on 02 4761 6935

Spousal Maintenance Penrith

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