Spousal maintenance is the provision of money in order to provide one party with a sum for what is necessary in a normal life. It is necessary to meet the following conditions:

1. That one spouse is unable to support themselves adequately (due to care and control of a child of the marriage, physical or mental incapacity to gain employment, no financial resources etc).
2. The other spouse is reasonably able to maintain the former spouse.

Married couples can apply in the following circumstances:

• Anytime before divorce
• Whilst applying for property orders
• Can reapply even after orders have been made
• Note: for de facto relationships they can apply within 2 years of separation.

Party's can ask for lump sum, periodic payments, some property in lieu of money, pension split.

A party to a marriage can neither make nor resist a claim for maintenance simply on the basis that they are income-poor or they otherwise have sufficient assets or financial resources to provide for maintenance. However, it is appropriate to retain a reasonable amount of capital in making or resisting a claim.

Variations to maintenance orders can be made to discharge, suspend, review, increase or decrease if the payer circumstances, the cost of living or the beneficiary's circumstances have changed.

Maintenance orders cease upon the death of the beneficiary or payer or upon remarriage of the beneficiary.

Please contact our office if you wish to make an appointment with one of our family law lawyers.