Do you need to calculate spousal maintenance, or have been asked to pay spousal maintenance? Daykin Family Law can assist you with expert advice in the Brisbane area for local clients, or by phone or Skype for clients interstate and overseas.
Following a separation or marriage breakdown, 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 can alleviate this pressure, whether longer term or while a property settlement is in progress.
Spousal maintenance 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.
There is no set formula to calculate spousal maintenance. 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 to 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. Call Daykin Family Law today to find out more about how we can help you.