Spousal Maintenance Explained: What Sydney Families Need to Know
Spousal maintenance is a legal obligation arising under family law, requiring one party to a marriage or de facto relationship to provide financial support to the other if they are unable to adequately support themselves. It plays a critical role in ensuring financial fairness following the breakdown of a relationship.
Consulting experienced family lawyers in Sydney is essential for personalised advice tailored to individual circumstances. This article provides an overview of spousal maintenance, including eligibility, calculation, and the role of legal professionals in assisting with claims.
Spousal maintenance refers to financial support provided by one party to a marriage or de facto relationship to the other, as mandated by the Family Law Act 1975 (‘The Act’). The legal framework governing spousal maintenance claims is considered at section 72 of the Act for married couples and section 90S for de facto couples.
The purpose of spousal maintenance is to provide a financial adjustment for any discrepancy between the parties future needs and income earning capacity to allow for the disadvantaged party to re-establish themselves financially. An additional purpose to spousal maintenance was considered by Mitchell & Mitchell (1995) 19 FamLR 44 whereby the Court assessed that spousal maintenance could be paid as compensation for economic disadvantage, maintenance assessed for this purpose will usually be awarded for a longer payment period than other spousal maintenance orders.
There are five broad principles of spousal maintenance that are considered in ss 72 and 75 of the Act (and ss 90SE and 90SF for de facto couples). These being:
Family lawyers play a pivotal role in advising clients on their rights and obligations to pay or receive Spousal maintenance depending on your unique personal circumstances and ensuring compliance with legal requirements.
Eligibility for spousal maintenance is determined by a two-part test: the applicant must demonstrate an inability to support themselves adequately, and the other party must have the financial capacity to provide support. Key factors include:
Financial and non-financial factors, such as income, property, health, and contributions to the relationship, are also considered. Common misconceptions include the belief that spousal maintenance is automatic or dependent on marital misconduct, which is not the case.
Spousal maintenance is designed to account for any discrepancy between one spouse and their ability to gain meaningful employment or account for any future needs of a particular spouse whereby it is just and equitable for the other spouse to accommodate these needs. Child Support is for one parent to financially contribute to the on-going care of any children to the relationship and is assessed by means and the care arrangements for the child/ren.
Many may assume both Spousal Maintenance and Child Support are interlinked when in fact they are not. If the Court is presented with both an application for Spousal Maintenance and an application for departure from a Child Support Assessment, the Respondents capacity to pay spousal maintenance can only be considered once the application for departure from a Child Support Assessment is considered.
How Family Law Firms Sydney Assist with Spousal Maintenance Claims
Family lawyers in Sydney provide a range of services, including assessing eligibility, preparing applications, and negotiating settlements. Tailored legal advice ensures that clients understand their rights and obligations, and the process of lodging claims is handled efficiently.
Lawyers also assist in resolving disputes through negotiation or alternative dispute resolution methods, minimising the need for court intervention where appropriate.
The amount and duration of spousal maintenance payments depend on various factors, including:
Deputy Chief Justice McClelland in Badir & Badir [2022] FedFamC1A 109 four key considerations when making a calculation for spousal maintenance these being:
Family lawyers help clients understand these factors and negotiate fair arrangements. Typical spousal maintenance orders may include periodic payments or lump sums, tailored to the specific circumstances of the parties.
Common challenges include disputes over eligibility, the amount of maintenance, and the financial capacity of the paying party. Family lawyers manage these issues by gathering evidence, negotiating settlements, and, if necessary, representing clients in court.
Alternative dispute resolution options, such as mediation, can help resolve conflicts amicably. However, court proceedings may be required in complex cases or where agreements cannot be reached.
Finding the Right Family Lawyer Near Me for Spousal Maintenance Advice
Choosing an experienced family lawyer in Sydney is crucial for navigating spousal maintenance claims. Look for professionals with expertise in family law and a strong understanding of the spousal maintenance provisions. Spousal maintenance regardless of if you are the paying or receiving party requires a degree of commerciality to reach a payment between that adequately reflects the needs and circumstances of all the spouses. Initial consultations typically involve assessing the client’s circumstances and providing tailored advice on the best course of action.
Spousal maintenance is a vital aspect of family law, ensuring financial support for those unable to support themselves after a relationship breakdown. Seeking professional legal guidance from experienced family lawyers in Sydney is essential to protect your rights and achieve a fair outcome. With expert advice, individuals can navigate the complexities of spousal maintenance and secure their financial future.
This article was prepared with the assistance of Zoe Hayes.
If you have any questions about Spousal Maintenance, contact Stuart Robertson of our Family Law Team on 02 9264 9111