Family Lawyers on Spousal Maintenance

Spousal Maintenance

After separation there is no automatic right to obtain or even a duty to commit spousal maintenance.

The Family Law Act presents that one party to the marriage is liable to keep the other party to the relationship to the level that certain party may fairly accomplish this and if, and only if, one other party is incapable to support sufficiently.

There are a number of factors that the Judge looks at in determining if one party will be able to sufficiently help independently or not. Several cases might be the fact that one party has the care and control of the children or by reason of age or physical or psychological incapacity and is incapable to obtain ideal gainful job.

It is essential to keep in mind that even when one party is not able to sufficiently aid by themselves then the other party is only responsible to help that party to date as they are fairly ready to accomplish this.

The Courtroom in considering the legal responsibility for spousal maintenance and the quantity of spousal maintenance looks to a number of factors in the Family Law Act.

We are able to advise you especially as to your right to obtain, or prospective legal responsibility to shell out, spousal maintenance.

In certain situations, the Courtroom also has the power to grant spousal maintenance in a lump sum, somewhat then periodic maintenance following divorce.

The Family Judge also has the power to make urgent and interim Orders for spousal maintenance right up until a final Trial is reached.

De Facto Spouses can now also be compelled to spend maintenance to the other Companion right after separation under the same provisions that apply to separated married couples.


At Hartley Healy we apply specifically within the area of Family Law and Defacto Law. All of our options and efforts focus on providing expert consultancy and support. Consequently, the clients may really feel certain our concentrate is actually entirely upon their needs and rights as a result of the release of their marriage.

All of us realize that individuals often feel anxious, embarrassed or uncomfortable in talking about issues relating to the failure of their relationship. We deliver a discreet and personal atmosphere required to resolve this kind of matters.

Along with eight Family LawLawyers, four who are Accredited Specialists, along with a assistance personnel team focused on supplying professional family and defacto law advice for our many satisfied customers, Hartley Healy has grown to be one of the largest Professional Family Law agencies within Australia.