For the avoidance of any doubt, spousal maintenance applies to both married and de facto couples when the relationship comes to an end. For the purposes of this article, we will focus on spousal maintenance regarding the end of a marriage. It is possible to claim spousal maintenance after divorce if certain conditions are met. The law recognises that one party may need financial support if they cannot adequately support themselves. Applications for spousal maintenance should generally be made within 12 months of a divorce being finalised. However, if this timeframe has passed, the Court may allow a late application if not doing so would cause significant hardship to the party seeking the maintenance.
The Court carefully considers the financial situation of both parties and other relevant factors before making a decision.
A person may be entitled to spousal maintenance if they cannot support themselves adequately due to reasons such as caring for a child, health issues, or other valid circumstances.
When considering how much spousal maintenance to pay, the Court looks at various factors, including the age, health, income, and financial responsibilities of both parties, as well as any care arrangements for children.
Applicants need to provide clear information about their financial needs and the other party’s ability to provide support. Spousal maintenance is designed to help someone who genuinely needs financial support after a separation. The law takes into account the specific reasons why a person may not be able to support themselves, such as caring for children or health challenges.
Limitations and Late Applications
While there is a 12-month time limit to apply, the Court understands that life circumstances can sometimes cause delays. If an application is late, the Court will consider whether refusing it would cause significant hardship.
What the Court considers
The Court carefully reviews the financial situation of both parties, including their income, expenses, and responsibilities. It also considers the impact of any family violence or other relevant factors.
Conclusion
Spousal maintenance is available to those who genuinely need financial support after divorce, provided they meet the eligibility criteria. While there are time limits for making an application, the Court may allow late applications in certain circumstances. It is important to provide clear and accurate financial information to support the claim.
Should you, a family member and/or a friend require further assistance navigating this area regarding spousal maintenance, please do not hesitate to contact us through our website www.lynnandbrown.com.au, social media platforms or call us on (08) 9375 3541 to make an appointment to discuss the above.
About the Author: This article is authored by Kumbirai Kavumbura. Kumbirai graduated from The University of Western Australia with a Masters in Commercial Law and Resources, and is currently specialising in all areas of Family Law.
