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Spouse Maintenance

De Facto RelationshipsSpouse maintenance is financial support payable by one spouse to another if a spouse is unable to support themselves and the other spouse has the capacity to assist them financially.

If a spouse wishes to apply to the Court for spousal maintenance, they should do so prior to Divorce or within 12 months of the date of Divorce.

When determining the income available to the Applicant spouse, the Court must disregard any entitlement of the Applicant to an income-tested pension, allowance or benefit.

When considering whether spouse maintenance should be paid and the amount of spouse maintenance, the Court takes into account such factors as:

  • the parties’ age and state of health;
  • their capacity for gainful employment;
  • income and financial resources;
  • care of a child under 18 years of age;
  • a standard of living that is reasonable in all of the circumstances.

An entitlement to spouse maintenance ends when the receiving spouse remarries or commences a de facto relationship.

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Family Law Accredited Specialist

Christopher Hughes & Associates Family Lawyers

The leading family law firm on the North Coast of New South Wales and the most specialised family law firm in Regional New South Wales.

Our Philosophy

  • listen to and understand the needs of the client;
  • provide the latest expert advice tailored to the individual needs of the client;
  • keeping the client informed at all times about the progress of their matter;
  • adopt a sensible and cost effective approach.

Contact Us

Suite 2, Level 2
105 Molesworth Street
Lismore, NSW, 2480
+61 2 6622 5566
+61 2 6622 5567
info@hughesfamilylaw.com

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