A spouse party may be liable to financially maintain their spouse for a period of time after separation.  This is known as spousal maintenance.  Spousal maintenance applies to both marriages and de facto relationships.  

Spousal maintenance is generally payable when the payer has the capacity to provide financial support and the payee is unable to support herself or himself adequately.  This may occur because the payee has the care of the children, due to the payee’s age or mental or physical health, or for any other adequate reason.

Spousal maintenance is generally ordered to be paid on an interim basis until a final property settlement is reached between the parties.  However, it may also be ordered on a final basis and may continue for a period of time after a property settlement has been reached.  Spousal maintenance may be ordered on a periodic, lump sum or capitalised basis.

We assist clients to negotiate appropriate spousal maintenance arrangements with their spouses.  We regularly initiate and defend spousal maintenance applications in the Court if agreement cannot be reached between the parties as to what arrangements should apply.