Spousal Maintenance Lawyer Sydney
Following separation, one party may require ongoing financial support from the other. Spousal maintenance exists to provide assistance where a person is unable to adequately support themselves after the breakdown of a marriage or de facto relationship.
Fay Frischer is an experienced Sydney family lawyer who can advise you on your rights and obligations in relation to spousal maintenance, whether you are seeking support or responding to a claim.
What Is Spousal Maintenance?
Spousal maintenance is financial support paid by one party to the other following separation. It may be payable on a temporary or ongoing basis, depending on the circumstances of the parties.
An application for spousal maintenance may be made where one party is unable to maintain themselves due to factors such as:
- Having the primary care of a child of the relationship who is under 18 years of age
- Age, illness, injury or physical or mental incapacity
- Limited earning capacity or an inability to obtain suitable employment
- Any other adequate reason recognised under the law
The court will also consider the other party’s capacity to pay maintenance.
When Can Spousal Maintenance Be Claimed?
Spousal maintenance can arise in both marriage and de facto relationships. It may be resolved by agreement between the parties or determined by court order.
Fay will explain how spousal maintenance interacts with property settlement and other financial matters, ensuring you understand your options and obligations.
Practical and Compassionate Advice
Spousal maintenance matters often arise during periods of emotional and financial stress. Fay provides clear, sensitive advice and works with you to achieve a fair outcome based on your individual circumstances.
Where possible, Fay assists clients to resolve maintenance issues through negotiation. Where required, she provides firm representation in formal proceedings.
Send an enquiry
To discuss your matter in a private and professional environment, complete your details below, or call Fay directly on 0416 196 541
Contact Fay
Email or call on 0416 196 541.
Fay will respond to you personally within 24 hours to discuss your enquiry.
Spousal Maintenance FAQs
What is spousal maintenance and when might it apply?
Spousal maintenance is financial support after separation when one party cannot meet reasonable living costs and the other has capacity to pay.
Who can seek a spousal maintenance order in Australia?
A spouse or de facto partner can apply to the Federal Circuit and Family Court after separation for financial support.
What factors does the court consider for spousal support?
The court looks at age, health, income, property, earning capacity, care of children, financial commitments, and what is a reasonable standard of living.
What types of maintenance orders can be made?
Orders may be periodic payments, a lump sum, or maintenance for a limited or extended period depending on the case.
Are there time limits to apply for spousal maintenance?
Yes, you usually must apply within 12 months of a divorce or within 2 years of a de facto separation. The court may exercise its discretion to extend the time frame.
Can the court make urgent or interim maintenance orders?
Yes, the court can make short term orders to cover immediate needs before the case is decided
