Spouse Maintenance for Married Couples

If a party to a marriage is unable to financially support himself or herself adequately after separation, that party may be entitled to receive spouse maintenance.

The level of spouse maintenance depends in the first instance on the needs of the person making the application and the financial capacity of his or her spouse to meet that need. In assessing needs and capacity the Court ignores any social security allowance or pension that is being paid to the person applying for spouse maintenance.

The party making an application proves that he or she has a need for spouse maintenance by establishing one of the following:

1. They have the care and control of a child of the marriage who is under 18 years of age.
2. Their age or physical or mental incapacity impedes their ability to work.
3. Any other adequate reason.

In considering a spouse maintenance application, the Family Court takes into account such matters as the age of the parties, their health, their obligation to support any other person and their standard of living before separation.

Normally spouse maintenance claims are dealt with at the time of property settlement. A party can however make a spouse maintenance application on an urgent, interim or final basis separately from a property settlement application.

Spouse maintenance orders are usually made for a limited period, however, the Court will take into account the age or disability of a party in considering the timeframe for the order.

Generally the Family Court expects both parties to make reasonable efforts to get paid work if they can. However, the Family Court accepts the need for a party to care for children, especially those not yet at school. The Family Court will usually also allow a spouse who has not been in employment to receive spouse maintenance while they find work or re-train.

Please contact us to obtain detailed advice regarding spouse maintenance.

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