If you have recently separated from your partner and are unable to financially provide for yourself, you may be eligible for spousal maintenance.
The first questions you should ask yourself are:
- Will my ex-spouse or ex-partner be reasonably able to support both me and themselves?
- Do I qualify for a pension, allowance or benefit of some kind?
- What other income, assets or financial resources do I have available to me?
- Is it possible for me to obtain gainful employment in my current situation (for example are you looking after any children under the age of 18)?
Spousal maintenance is not automatic and the Court will consider other relevant factors in determining if, and how much, maintenance will be paid. This includes:
- the age and health of both parties,
- the length of the relationship, and
- the ability of the applicant to obtain gainful employment (which would take into account how long you may have been out of the workforce and how easily you could find a job due to factors such as age are also relevant).
Generally spousal maintenance is only a short term solution and will cease upon final property settlement orders being made or upon the applicant finding gainful employment or even re-partnering. It may be paid as either a lump sum, or periodic payments, depending on the circumstances.
The most important thing is to seek advice as early as you can. Sriyani from Hume Taylor & Co can provide advice on not only your application for spousal maintenance but your other family law matters as well so make an appointment to talk to her today.
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