Spousal Maintenance
Spousal Maintenance
Have you recently separated from your spouse or de facto partner? Are you struggling to make ends meet? If you are, you may be entitled to spousal maintenance.
When you separate and move from one household to two, the cost of running both homes naturally increases. This can put a strain on the finances, particularly if you’re the one in the weaker financial position. This is where spousal maintenance can help.
Essentially, spousal maintenance is a form of financial support. Its to help you meet your reasonable living expenses when you are unable to do so, from your own income and resources. You must be able to show that you need financial support and that your ex-partner can pay.
Applications for spousal maintenance can be complicated, and its always best to reach an agreement with your ex-partner. Where this isn’t possible, we can help you obtain an urgent, interim or final order.
To find out how we can help you, book your free 15-minute consult today.
Under Section 72 of the Family Law Act, a spouse has the right to maintenance to the extent that the other spouse can maintain them if they are unable to support themselves adequately because of:
- Having the care of a child of the marriage;
- Age or physical or mental incapacity; or
- For any other adequate reason.
The Court will look at how much you need to support yourself. It will look at your income and all your expenses. The Court will disregard any payments that you receive from Centrelink. The Court will also look at your ex- partner’s income and his/her ability to pay for your support.
The Court will consider several factors when assessing whether spousal maintenance should be paid including:
- The age and state of health of you and your ex-partner;
- The income, property and financial resources of you and your ex-partner;
- The physical and mental capacity of you and your ex-partner to participate in appropriate gainful employment;
- Whether you or your ex-partner will be the primary carer for your child/ren moving forward;
- The necessary commitments of you or your ex-partner to support himself or herself, a child or another person that the party has a duty to maintain (including reasonable weekly expenditure);
- The responsibilities of you and your ex-partner to legally or morally support any other person.
Most spousal maintenance orders are only made for a limited time. For, e.g. a spousal maintenance order may be made until a final property order has been completed. Sometimes, the Court will order that a lump sum be paid to you or that property be transferred.
- At a predetermined time
- When the order is discharged
- When either you or your ex-partner dies or re-marry.
Customer Testimonials
Excellent service – highly recommend
My ex was making it really difficult for me to see my son after she re-partnered. After contacting Ashma, she managed to negotiate a great outcome in a short space of time. I got to see my son, which I hadn’t seen in over six months. Excellent service – highly recommend.
Very happy with your service!
Thanks, Ashma, for your caring and thoughtful approach. Was very confused when my relationship broke down, didn’t know what to do or where I should go. You provided me with a clear path, a good outcome at a very reasonable price. Very happy with your service.
Expert legal support with unwavering integrity
Ms Arora exuded professionalism and kindness, leaving a lasting impression with her unwavering integrity and sincere approach. Despite the opposition’s disregard for my values, I felt fully supported, heard, and well-represented. If the need arises, I will undoubtedly turn to this firm again. For mediation or legal assistance, reach out with confidence to their practiced expertise.
Her informative approach made the entire process incredibly easy.
Ashma delivered an outstanding service by efficiently organizing our Wills and Power of Attorney. Her informative approach made the entire process incredibly easy, and the reasonable prices were an added bonus. Ashma’s prompt communication ensured a quick and seamless experience. Knowing that everything is in order provides immense peace of mind. We wholeheartedly recommend Ashma and would not hesitate to engage Arora Legal Family Lawyers again in the future.
Unparalleled Professionalism, Seamless Experience!
Ashma demonstrated exceptional professionalism and made the entire process a breeze. Dealing with her was a pleasure at every stage, and I highly recommend her. Once again, thank you sincerely.
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Arora Legal simplified my experience effortlessly. Their attentive approach and willingness to listen made all the difference. Highly recommended!
A pleasure to deal with Ashma and her team!
I know we needed to do this but had been putting it off! Finally got those Wills done for my husband and me. Professional service. A pleasure to deal with Ashma and her team.
Knowledgeable, confident, and capable
By choosing Arora Legal Family Lawyers and Mediators, you can be assured that you have made the perfect decision, and there’s no need to search any further. Ashma possesses an exceptional understanding of all aspects of family law, making her highly knowledgeable, confident, and capable.
From the moment we met Ashma, we immediately felt comfortable and at ease, as if we had known her for years. She is approachable, personable, and maintains a remarkable balance between professionalism and displaying a fantastic sense of humour.
Ashma is a reliable professional who operates with the utmost integrity. She promptly responds to inquiries and ensures that her clients are always kept informed. She presents all available options to her clients, empowering them to make well-informed decisions that suit their individual circumstances.
Without hesitation, we wholeheartedly recommend Ashma and Arora Legal Family Lawyers and Mediators.
Highly recommended!
A huge thanks to Ashma who showed compassion, patience and understanding at such a stressful time. Highly recommended.
Effective strategies to minimise my fees
I was referred to Ashma Arora, and I’m extremely grateful that I followed the recommendation. The service I received was prompt and the advice provided was sensible and easy to understand. Ashma informed me about effective strategies to minimize my fees, and through our collaborative efforts, we achieved a positive outcome within a short period. I am genuinely satisfied with this firm and wholeheartedly recommend their services.
Exceptional professionalism, diligence, and unwavering support.
I was privileged to be represented by Arora Legal in a highly challenging and emotionally charged family separation and property dispute. Ashma displayed exceptional professionalism, diligence, and unwavering support throughout the process. Communicating with her was an absolute delight, as she not only understood my situation but also provided the necessary empathy.
Ashma’s expertise and knowledge in her field are unmatched, and I am genuinely grateful for Arora’s unwavering commitment to achieving a successful resolution and aiding me in moving forward with my life. I highly recommend their services to anyone in need.
Exceptional communication skills!
Ashma exhibits remarkable professionalism and maintains a positive attitude while striving to achieve outcomes that benefit all parties involved. Her exceptional communication skills significantly contribute to the effectiveness of interactions. If you seek cost-effective results, I highly recommend engaging with this organization.
Invaluable assistance!
Ashma demonstrated excellent professionalism and promptness in handling my matter. I sincerely appreciate her and the entire team for their invaluable assistance.
Prompt and professional!
Ashma from Arora Legal provided us with prompt and professional assistance, demonstrating a high level of efficiency in guiding us through a complex process. We are extremely grateful for your invaluable support. Thank you sincerely, Ashma.
