Spousal Maintenance Payments

Spousal maintenance is financial support/payments made by one partner to a former partner to assist with their reasonable living expenses, if they cannot meet these expenses from their own income or assets. This can include regular payments of cash, or in-kind payments such as rent or mortgage repayments, gas, electricity and water costs, rates, telephone and internet expenses, credit card and personal loan repayments and motor vehicle costs and insurances. In some circumstances spousal maintenance is paid in a lump sum as part of a property settlement.

Your rights and obligations for payment of spousal maintenance are in addition to your rights and obligations for payment of child support.

When are payments made?

Spousal maintenance is commonly paid prior to a final property settlement taking place where one party requires financial support. Clancy & Triado are able to expertly advise you on your spousal maintenance entitlements or obligations.

Are there limitations on time?

For married couples, applications for spousal maintenance must be made within 12 months of a final divorce order. For a de facto relationship, applications for de facto partner maintenance must be made within 2 years of separation.

At Clancy & Triado,  we provide expert advice on spousal maintenance obligations and entitlements.  We recommend consulting us for advice on these issues before separation and/or before applying for a divorce.