Spousal Maintenance
As trusted spousal maintenance lawyers, we’ve been supporting South Australians for more than 47 years. Our team provides clear, practical advice and compassionate representation to ensure that, whether you are seeking maintenance or responding to a claim, your financial rights and responsibilities are protected.
Spousal maintenance is financial support paid by one partner to the other after separation or divorce. It recognises that, in some circumstances, one party may be unable to adequately support themselves, while the other has the capacity to provide assistance.
Spousal maintenance is not automatic; it is only ordered when there is both a demonstrated need and an ability to pay. Factors considered include income, earning capacity, age, health, and responsibilities for children.
Spousal maintenance applies to both married and de facto couples, ensuring that de facto partners have similar entitlements to financial support following separation. Maintenance can be short-term, to assist while someone re-establishes themselves, or longer-term, depending on the circumstances.
Understanding your entitlements or obligations is crucial, and working with a local spousal maintenance lawyer ensures your rights are protected throughout the process.
Our Spousal Maintenance Services
Our spousal maintenance lawyers provide practical advice and strong representation across all aspects of maintenance matters. Choosing the right lawyer for spousal maintenance can make all the difference to your financial future. We bring together decades of experience with a personal, compassionate approach that puts our clients first. We can assist with:
- Assessing eligibility for spousal maintenance, ensuring you understand your rights and obligations.
- Preparing and lodging applications with the Court when financial support is required.
- Negotiating Binding Financial Agreements that are workable and legally binding.
- Representing you in mediation or court proceedings where disputes arise.
- Advising on temporary versus long-term maintenance, depending on your circumstances.
- Seeking to vary or challenge existing maintenance orders where financial or personal situations change.
Frequently Asked Questions
What are your options for payment of legal fees for family law matters?
At Mahony’s Lawyers we understand the financial strain of separation and property disputes. We offer a range of options regarding payment of your legal fees. Our family lawyers will take you through these options in the initial, no obligation first free consultation.
Mahony’s Lawyers have partnered with JustFund – Australia’s only dedicated provider of flexible funding solutions for family law legal fees. Through this partnership, eligible clients can access a flexible line of credit to cover legal fees and expenses related to separation or property proceedings. Repayments don’t begin until a settlement is reached, helping to ease the stress of upfront costs. Learn more at JustFund.com.au
Who is eligible for spousal maintenance in Australia?
Spousal maintenance may be available if one partner cannot adequately support themselves and the other has the capacity to provide financial assistance. An experienced spousal maintenance lawyer can assess your situation and advise on your eligibility.
How long does spousal maintenance last?
It depends on the circumstances. Maintenance may be short-term, providing support while a partner re-establishes themselves, or longer-term, where there are ongoing needs such as health issues or caring responsibilities.
Can maintenance arrangements be changed?
Yes. If circumstances change, such as income, employment, or health, you may be able to apply to vary or challenge an existing maintenance order.
What is the difference between spousal maintenance and property settlement?
A property settlement involves the division of assets and liabilities, while spousal maintenance is ongoing financial support paid by one partner to the other. Both may apply after separation, but they serve different purposes.
