Upon separation, either as a result of the end of a marriage or defacto relationship, there is no automatic right to receive or duty to pay spousal maintenance.
It is important for parties involved in separation to know their rights in relation to spousal maintenance, as it can be a particularly complicated area of the law. At North Brisbane Law, we have comprehensive understanding of the Laws and practices surrounding spousal maintenance.
The Family Law Act provides that one party to a marriage is liable to maintain the other to the marriage to the extent that one party can reasonably do so and if, and only if, the other party is unable to support themselves.
There are a number of factors which the Court looks at in determining whether one party is able to adequately support themselves or not. Some examples may be the fact that one party has care and control of children or by reason of age or physical or mental capacity and is unable to obtain appropriate gainful employment.
It is important to remember that even if one party is unable to adequately support themselves, then the other party is only liable to support that party as far as they are reasonably able to do so.
The Court in determining a spousal maintenance claim and the amount of spousal maintenance that may be required to be paid, looks to a variety of factors. Our Family Lawyers can advise you specifically as to any possible claim either yourself or your former spouse may have in relation to spousal maintenance.