Spousal Maintenance Lawyers in Brisbane QLD
Brisbane's Trusted Spousal Maintenance Service
Do you need to calculate spousal maintenance, or have been asked to pay spousal maintenance in QLD? Daykin Family Law can assist you with expert advice about spousal maintenance in the Brisbane area for local clients, or by phone or video for clients interstate and overseas.
Following a separation or divorce in QLD, sometimes one party can be left in a difficult financial position following this change in circumstances. In many marriages and de facto relationships, there is often a main breadwinner and separation can cause the other party to struggle day-to-day. Spousal maintenance in Queensland can alleviate this pressure, whether longer term or while a property settlement is in progress.
Spousal maintenance in QLD is the financial support of one former partner to another following a marriage breakdown or separation of a de facto relationship because of a significant difference in incomes or resources, or some other relevant reason. There are several types of maintenance including urgent, interim, and final maintenance. Contact us today for more information about spousal maintenance after separation or divorce in QLD.
Spousal Support Calculations
There is no set formula to calculate spousal maintenance in QLD. Instead, there are a number of factors the Court takes into account when considering maintenance payment and de facto partner maintenance payment, including:
- The financial needs of the applicant
- Age and health of the applicant
- Ability to work
- Standard of living
- Care of any children of the relationship.
Some former partners reach an agreement about payment of spousal maintenance that can then be formalised in Court. Where an agreement cannot be reached, a Court can make an order for the payment of spousal maintenance or de facto maintenance, short-term or long-term.
The maintenance can be paid in one lump sum or over a certain period of time and is separate from child support.
Each situation is unique and therefore can require the support of a family lawyer who understands your needs and can assist in finding the best possible outcome for you and your family. An easy way to avoid difficult spousal maintenance conversations is to sign a binding financial agreement when starting your relationship. Contact us today to find out more about how we can help you with spousal maintenance in QLD.
FAQ’s
Spousal maintenance is essentially financial support that is paid by one former partner to the other partner of a marriage or de facto relationship that has broken down in circumstances where the other party is unable to adequately support themselves. It is money which is to be used by the recipient to assist in payment of their reasonable living expenses.
You might be asking yourself, why would does financial support need to be provided to a former partner if there is no longer a relationship? In short, the law in Australia states that a person may have a responsibility to financially assist their former spouse or de facto partner if that person cannot meet their own living expenses. The duty to support and maintain each other works both ways, and this obligation may continue even after separation.
To be successful in an application for spousal maintenance, there are essentially two limbs that must be satisfied. Firstly, the applicant must have a need. Secondly, the respondent must have capacity to pay spousal maintenance. There are a range of factors which the Court consider when a party seeks such orders, such as the age of the parties, care of children and the parties’ income and financial resources, to name a few.
It is important to note that there is a time limitation for a party to make a claim for spousal maintenance against the other party. This date is 12 months from the date that a divorce order takes effect if you were married, and 24 months from the breakdown of your relationship if you were a de facto spouse.
Interestingly, the Court still has power to grant permission (“leave”) to a party who is making an application for spousal maintenance (married) or maintenance (de facto) even if that party is out of time. For this, the party making the application will need to demonstrate hardship.
What this means in practical terms, is that in some circumstances, it could be possible to make an application for spousal maintenance even after the limitation period has elapsed and/or after property settlement has been finalised.
If a person fails to comply with a spousal maintenance order, legal action can be taken to enforce payment. The recipient can apply to the court for enforcement proceedings, which may result in wage garnishment, property liens, or other legal measures to recover unpaid maintenance. Seeking legal advice is important if the payer is not fulfilling their obligations.
Spousal maintenance can be complex. Our experienced spousal maintenance lawyers provide personalised advice to help you determine whether you are eligible for spousal maintenance or if you may be required to pay.
Our team takes a practical and strategic approach, helping clients resolve maintenance matters efficiently, whether through mediation, negotiations, or court proceedings.
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Level 12, 269 Wickham Street
Fortitude Valley QLD 4006
