Under the Family Law Act, a person may claim spousal maintenance from their former spouse or de facto partner following separation. Maintenance may be payable where:
The extent of the support depends on what the other party can afford to pay.
The three circumstances in which a need for maintenance may arise are by reason of:
In assessing a claim for spousal maintenance, the Court will consider a number of issues in relation to both parties, including the following:
It is best to attempt to negotiate an agreement with your ex-partner before commencing Court proceedings. If you cannot reach an agreement, you can file an application with the Federal Circuit Court or Family Court. If you are married, you have 12 months from the date your divorce becomes final to apply for spousal maintenance. If you were in a de facto relationship, you have two years from the date of separation to make the application.
If you have separated and need assistance in relation to spousal or de facto maintenance, Pigdon Norgate can assist you and provide you with further advice.