At BGM Family Lawyers, we help people through all of the legal areas of separation and divorce, parenting and child support, and spousal maintenance. If you’re looking for a spousal maintenance lawyer in Queensland with an excellent reputation and track record, you’ve come to the right place. Our spousal maintenance lawyers can help you navigate the Family Law Act and understand how it applies to your situation. To get started, book a free initial phone call discussion with us to learn more.
BOOK FREE PHONE CONSULTATIONFree initial 15-minute phone call with a spousal maintenance lawyer.
A concern for most people enduring a separation or divorce is, ‘how will I pay the bills?’
It is a question front of mind for many spouses following the break-down of a marriage or de facto relationship.
Under the Family Law Act 1975, a party may be liable to financially support their former spouse, via spousal maintenance payments, if he or she cannot meet their reasonable expenses following a separation or divorce. This depends on the financial circumstance of the other partner, who must have the capacity to provide that level of financial assistance.
This is separate to the concept of child support or property settlement.
You may be able to get spousal maintenance if you are:
Our spousal maintenance lawyers can provide legal advice as to whether you are likely to be able to get spousal maintenance payments, or if you may have to pay spousal maintenance, taking your specific situation into account, and talk you through what happens next. To learn more and get started, book a call with us today.
BOOK FREE PHONE CONSULTATIONFree initial 15-minute phone call with a spousal maintenance lawyer.
Of all of the legal concepts dealt with by family lawyers, spousal maintenance is one of the most ‘mathematical’.
That’s because an applicant for maintenance must demonstrate 2 things:
Financial Agreements are often used as an effective way of protecting you from a spousal maintenance claim by your ex partner.
A Financial Agreement, when prepared properly, is capable of ousting the court’s jurisdiction to hear a spousal maintenance claim, so you do not have to worry about your ex-partner asking for you to pay them maintenance in the future e.g. if they are sick, caring for the children or unable to work for some other reason.
Before applying for spousal maintenance, the law encourages parties to resolve disputes outside of court. If an agreement can’t be reached, you need to make an application for a Financial Order from the court.
Financial orders are handled in the Federal Circuit and Family Court of Australia. In court, you will have to prove your need for maintenance. You also have to prove your spouse’s financial ability to provide that maintenance.
For married and divorced spouses, a spousal maintenance application must be made within 12 months of their divorce becoming final. Applications for de facto partner maintenance must be made within two years of the breakdown of the relationship.
You will need to apply to seek the leave/permission of the court if you fail to apply within the approved period of time. This permission is not always granted.
Spousal maintenance can be a one-off lump-sum payment or ongoing periodic payments. The entitlement to spousal maintenance ceases upon a dependent spouse remarrying or entering into a de facto relationship, unless there are special circumstances. The entitlement may also end if your:
BGM Family Lawyers is a specialist family law firm on the Gold Coast and in Brisbane. We specialise in all areas of Family Law, including spousal maintenance.
Our team of experienced family lawyers is experienced in providing legal advice and support relating to claims for spousal maintenance. Our understanding Lawyers can help you through your unique situation.
BOOK FREE PHONE CONSULTATIONFree initial 15-minute phone call with a spousal maintenance lawyer.
We’ve assisted hundreds of people to assess their living costs and those of their spouse and advised them on what to do next.
Contact BGM to arrange an appointment with one of our accredited family law solicitors or call now on 1300 246 529
Have questions about spousal maintenance under the Australian Family Law Act? These are answers to Frequently Asked Questions that clients ask our spousal maintenance lawyers.
Will spousal maintenance affect my Centrelink benefits?
We often get asked by our clients about spousal maintenance and Centrelink payments. The biggest question we get is whether spousal maintenance financial support will affect the benefit payments you receive from Centrelink. This is something which is specific to each case, and you will, to be sure, need to get a decision from Centrelink about your unique circumstances. Centrelink benefits are not taken into account when assessing the income of an applicant for spousal maintenance (test 1 above), but depending on the nature and extent of the benefits received, receipt of spousal maintenance may affect the amount of Centrelink you receive once you begin receiving spousal maintenance.
Will my lifestyle change?
‘Perhaps' is the answer. A ‘paying' spouse is not necessarily required to maintain the lifestyle that the maintenance recipient spouse enjoyed during the relationship. Assessing reasonable expenses of the applicant for maintenance (and for that matter, the payer of maintenance as well) is an exercise about what is appropriate and necessary in the circumstances of that case, having regard to the income which is available, and the lifestyle that was enjoyed during the marriage. Note however, even though a spouse may have enjoyed a very lavish lifestyle during the marriage, some of the costs associated with that lifestyle may not be reasonable beyond separation (particularly if there are now multiple households to fund). The focus is generally on ensuring that core living costs (accommodation, transport, health) are met, and these things are given priority over discretionary expenses.
How much is spousal maintenance?
In Australia, the amount of spousal maintenance is not fixed and varies depending on individual circumstances. The court considers various factors, such as the financial needs of the applicant, the capacity of the other party to provide the support needed, and the standard of living during the marriage. The goal is to ensure that both parties can adequately support themselves post-separation. Our lawyers can provide you with more personalised estimates based on your specific circumstances and case details.
Is spousal maintenance taxable?
In Australia, spousal maintenance payments are not taxable for the recipient and are not tax-deductible for the payer. It's important to note that financial arrangements following a divorce or separation can have tax implications, so seeking advice from a tax professional is recommended.
Do I have to pay spousal maintenance in Australia?
In Australia, under the national Family Law Act 1975, you may be liable to pay spousal maintenance to your ex-spouse or ex-partner if you are able to reasonably afford to do so, have enough financial resources, and if they are unable to financially support themselves to meet their own reasonable financial need. Whether or not you will have to pay spousal support depends on your exact circumstances and situation.
How long does spousal maintenance last?
For regular payments in spousal support, how long these spousal maintenance payments last depends on the financial circumstances of the party receiving the support. In some circumstances, the financial situation of the party paying the spousal support payments can also influence how long the regular payments continue. If the party receiving the payment gets remarried, sufficiently increases their ability to earn the income to support their financial needs, enters a new de facto relationship, or if there are changes in regards to the responsibilities of caring for children, the spousal maintenance payments may end. The court considers many factors when determining if maintenance payments are able to stop, and this largely depends on whether or not the party is able to adequately support themselves and any children in their care, and maintain a suitable standard of living.
How do I end spousal maintenance payments if circumstances change?
If you are paying financial support in the form of ongoing spousal maintenance payments pursuant to a Court Order , you are able to submit a court application to change the orders for the maintenance. If circumstances change and you believe your ex-partner is able to support themselves to a suitable standard of living, and/or if they enter into a new de facto relationship or marriage, you can submit a Family Law Court application to amend the maintenance orders. Different rules apply if the arrangement is pursuant to a Financial Agreement. You should take legal advice about that if the arrangement is pursuant to a Financial Agreement as you are unlikely to be able to change what is provided for in the AGreement, apart from very limited circumstances.
What is Alimony?
Alimony is not a legal term that is used in Australia, but is a term that many people still refer to, due to influences from global media. Alimony is a North American legal term that is very similar to the financial support that we refer to as spousal maintenance in Australia. When a party is court-ordered to provide financial support to their ex-partner following a separation or divorce, or at times before a separation or divorce.
How do I get out of paying spousal maintenance?
If you think you may have to pay maintenance to a former partner, or you have had a spousal maintenance payment application lodged against you, you are likely wondering if there is a way to prevent having to make ongoing spousal maintenance payments. If your ex-partner (whether that is a former spouse or former de facto partner) is entitled to financial support from you in the form of spousal maintenance payments, you may be able to reach an agreement with them. If you think you may have to pay spousal support and would like to know your options, we highly recommend you seek legal advice from our spousal maintenance lawyers or another equally experienced spousal maintenance lawyer.
Can I reduce the amount of financial support I need to provide in spousal maintenance?
The purpose of spousal support is to financially assist a partner who is unable to support themselves with reasonable living expenses following a divorce or separation of a marriage or de facto relationship. By taking on more of the parental responsibilities, you enable your ex-partner to financially support themselves more in the form of increased working hours, which can reduce the amount that the other party needs to be financially supported by yourself. In some circumstances, if your own financial resources and ability to support yourself changes, and your obligation to pay maintenance is pursuant to an Order (as opposed to a Financial Agreement) you may be able to apply for a reduction or an end to spousal maintenance on the grounds of being unable to meet your own reasonable living expenses.
Still have questions? If your questions were not answered in our FAQ, or if you’d like the support of an experienced spousal maintenance lawyer from our team, book a free initial phone call today, or book an appointment with a lawyer from our team.
We’ve helped hundreds of people navigate the Family Law Act and spousal maintenance. Whether you need help with a spousal maintenance application, want to know if you will have to pay spousal maintenance or are able to qualify for spousal maintenance payments, need representation in Family Law courts, or have any other questions related to the financial support paid by a former partner, our team are here to help.
For expert legal advice regarding these and any other family law issues, contact us today on 1300 246 529 or send us an online enquiry.
Alternatively, you can book a free 15-minute initial phone conversation with us to learn more.
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