Spousal maintenance is when one person is required to provide ongoing financial support to their former partner in circumstances when they are unable to adequately support themselves or continue a reasonable standard of living.
The Family Law Act makes provisions ensuring that both parties to a relationship have a duty to maintain and support each other, even after the relationship has ended, if one person cannot meet their own reasonable expenses. The extent of this support is unique and dependant on each individual situation.
The court will consider both parties capacity to pay future expenses and will consider the following points about both parties:
- Age and health (physical and mental);
- Income, property and financial resources;
- Ability to work and what earning capacity each party has;
- A reasonable standard of living;
Contact our team today to find out more about this area of law and how we can help you.