What Is Spousal Maintenance?

In Australia, there is no automatic entitlement to spousal maintenance after separation. A person seeking maintenance (the applicant) must apply for a court order, and the Court will consider factors including the applicant's income, assets and financial resources, their age and health, the length of the relationship, and any parenting responsibilities for children of the relationship.

The purpose of spousal maintenance is to help both parties meet their reasonable living expenses after separation, such as accommodation, food, clothing and transport. It can also help the applicant access education or training if they need to develop skills to return to work.

Spousal Maintenance vs Child Support

Spousal maintenance should not be confused with child support, which is designed to meet the needs of dependent children rather than a former spouse. Child support is calculated according to a fixed formula and is paid by the parent who spends less time with the children to the parent who is their primary carer.

How Is Spousal Maintenance Paid in NSW?

Spousal maintenance can be paid as a lump sum or as regular periodic payments. The amount and duration are determined by the Court based on the circumstances of the case, and in some situations maintenance is ordered for a limited time to help the receiving spouse become financially independent.

Can Spousal Maintenance Be Changed or Stopped?

The Court must take into account the paying spouse's ability to pay, alongside their income and expenses. If either party's financial circumstances change, they can ask the Court to review the maintenance amount. Spousal maintenance is not a permanent obligation - for example, it may end if the recipient spouse remarries or begins living with a new partner.

What Happens If Spousal Maintenance Isn't Paid?

Spousal maintenance is considered taxable income for the recipient spouse, and the paying spouse can claim payments as a tax deduction. If a person refuses to pay spousal maintenance as ordered by the Court, they can be held in contempt of Court and face penalties, which may include fines or imprisonment. In some cases, the Court may also garnish the payor's wages to enforce a maintenance order.

How Can a Parramatta Family Lawyer Help?

Spousal maintenance can be a complex area of family law, and it can be difficult to understand your rights and obligations without proper legal advice. If you are separating from your partner, it's important to speak with a family law solicitor early to protect your interests. Our family lawyers regularly advise clients across Parramatta and Greater Sydney on spousal maintenance, property settlement and financial agreements, and can guide you through the process from start to finish.

Surge Legal can help you understand the Court's approach to spousal maintenance and advise you on how to proceed in your particular circumstances. Call us now for a free consultation, or book online below.