Thousands of people in Australia file for divorce every year. While there are many considerations to keep in mind during this, financial reliability often takes centre stage.
This is where spousal maintenance comes into the picture, helping partners support each other post-separation. But do you have the obligation to pay this maintenance, or should you be on the receiving end?
Finding the answer to this is easy when you have the right family separation lawyer to guide you. Other than that, you can continue reading this post to make an informed choice about your spousal maintenance obligations.
Simply put, spousal maintenance is the financial support one party offers to their former spouse after a divorce. The Australian family law mandates that both partners support and maintain each other. This becomes even more important in cases where one of the partners lacks the resources to support themselves after separation.
In Australia, the Family Law Act of 1975 offers relevant provisions about spousal maintenance. It is also worth noting that spousal maintenance is different from child support, which mainly deals with the maintenance of children. This is where the expertise of divorce lawyers in Perth comes into play for better clarification in these matters.
The first basic criterion for spousal maintenance is to demonstrate that one of the partners is reliant on financial support from the other. Next, the party liable to pay for the maintenance must have the financial capability to offer the support. Other essential eligibility criteria in this case include:
Financial Resources and Income: The first thing you need to consider here is the applicant’s income and financial resources. It is important to prove that the applicant needs support from their former partner to get by.
Health and Age: The next important condition here concerns the applicant’s age and health. If the applicant is unable to work due to health issues, they might be able to get the necessary support from their former spouse.
Length of the Relationship: Another essential condition here is the overall length of the relationship between both partners. The longer the relationship, the better the chances of you getting spousal support.
Ability to Work: This final condition considers whether the applicant can work. It also checks whether the applicant needs time to re-enter or retain themselves for entering the workforce.
It should come as no surprise that Australia has many different categories of spousal support. So, let’s get an insight into these categorisations for a clearer idea of the matter:
Urgent Maintenance: The first type of spousal maintenance, in this case, is
interim or urgent maintenance. This is mostly a temporary order mandating the former partner to pay immediate financial assistance. This is usually a short-term solution until the final terms can be settled properly.
Periodic Maintenance: Spousal maintenance is regular payments made weekly or monthly to help the partner cover their expenses. It is also one of the most common forms of spousal maintenance in this country.
Lump Sum Maintenance: Another way to offer spousal maintenance is with a one-time payment covering all spousal support obligations. This is a more advantageous choice as it offers a sense of certainty to both former partners in the marriage.
Calculating spousal maintenance in Australia is not that big of a challenge when you have an idea of the different factors at play here. While there is no predefined formula for this, the following factors will help you get a clear idea:
Standard of Living: The first important factor here is the standard of living during the relationship. This means calculating what the party with the lower income will need to maintain a reasonable standard of living after the separation.
Income and Expenses: The next important factor here is the expenses of both parties in the dispute. The court will. Evaluate the reasonable living expenses and their ability to cover these expenses properly.
Future Needs: Future needs are also an important consideration while calculating spousal maintenance. This means considering all the spouse’s future needs, including caring for children and re-entering the workforce.
Capacity to Pay: The final important factor to consider here is the paying spouse’s ability to pay. The goal is to ensure they have enough left after paying the maintenance to help them cover all expenses properly.
Divorces are becoming increasingly common in a world where both partners are equally independent. However, this does not mean that anyone can claim this maintenance without meeting the right criteria.
So, make sure you are aware of the relevant eligibility criteria and get things in order beforehand. You can also leverage the services of expert lawyers to get better alimony after divorce and lead a proper life post-separation.
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