Parramatta’s Family Law Experts
Guidance Through Spousal Maintenance Agreements
In the event of a relationship breakdown, in some cases one spouse is required to financially support their partner, either as a lump sum or periodic payments. This can apply to married or de facto couples.
Family Law Experts have many years of experience in guiding people through Spousal Maintenance Agreements.
Who is eligible for spousal maintenance?
If you have recently separated from your husband, wife or partner and are unable to meet your own financial needs, the courts may rule that you are entitled to spousal maintenance in accordance with the Family Law Act.
Receiving or being required to pay spousal maintenance is not standard procedure for all separated couples. There are a range of principles that the courts base their decisions on when it comes to spousal support. These include:
- Current income
- Current assets (including property)
- Current level of debt
- Ability to earn an income
- Current living standards
- Child custody arrangements
As with many Family Law related matters, couples are required to participate in mediation sessions in an effort to come to an agreement prior to having their case heard before the courts.
The income and circumstances of both parties will be taken into consideration before a decision on spousal maintenance is made.
In most cases, a party must apply for spousal support within 12 months of a divorce being finalised.
Changes to spousal maintenance
Changes to spousal maintenance payments may occur if:
- The party receiving the payments marries or enters another de facto relationship
- The party receiving spousal maintenance begins earning more income
- The financial position of the party receiving spousal maintenance becomes worse
- The financial position of the party providing spousal maintenance improves
Should circumstances change, either party may apply to the courts for an increase or reduction in financial support.
Guidance from an expert
Family Law Experts are experienced in guiding clients through spousal support agreements and disputes.
Parramatta, North Parramatta and Western Sydney Family Lawyers
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Call Family Law Experts on (02) 9630 0444