Spousal Maintenance and the Considerations by the FCFCOA

Posted on 13 March 2023

Geoff Munce

Spousal maintenance and The considerations by the FCFCOA

What is Spousal Maintenance?

Spousal maintenance is a form of financial support paid by one former spouse to another after separation or divorce. In Australia, the Family Law Act 1975 governs the laws relating to spousal maintenance. This act recognizes the right of a financially dependent spouse to receive maintenance from their former partner. 

Considerations by the Federal Circuit and Family Court of Australia (FCFCOA)

Under the Family Law Act, a spouse may be entitled to spousal maintenance if they cannot support themselves adequately after the end of the relationship. The court will consider a range of factors when deciding whether to award spousal maintenance, including:

1. The income, property, and financial resources of each party, including their ability to earn and income. 
2. The financial needs, obligations, and responsibilities of each party.
3. The age and health of each party.
4. The standard of living of the parties during the relationship.
5. The duration of the relationship.
6. The contributions made by each party to the relationship, including both financial and non-financial contributions.
7. Any other relevant factors the court determines important.

When making an order for spousal maintenance, the court may consider various types of maintenance, including periodic payments (such as weekly or monthly payments) or lump sum payments. The court may also impose conditions on the payment of spousal maintenance, such as a time limit or a requirement for the recipient to seek employment.

Will I automatically get Spousal Maintenance?

It is important to note that spousal maintenance is not automatically granted in every case. The court will only award spousal maintenance if it is satisfied that the applicant is unable to support themselves adequately after the relationship ends. In some cases, the court may determine that the applicant is responsible for making efforts to become self-sufficient and may refuse to award spousal maintenance if they do not. 

HOW CAN OMNIA LEGAL ASSIST YOU?

Overall, spousal maintenance is an essential aspect of family law in Australia. It provides a safety net for financially dependent spouses who are unable to support themselves after a separation or divorce. 

If you are considering a separation or divorce and have concerns about your financial situation, it is important to seek legal advice to understand your rights and options under the Family Law Act.

If you would like to schedule an obligation-free complimentary phone consultation to talk through your option, call (07) 5415 0248 or email info@omnialegal.com.au.

Get in contact with the experienced Family Lawyers at Omnia Legal to discuss what may be relevant to your particular circumstances.

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This article provides general information on legal topics for educational purposes only, and should not be considered legal advice or recommendations. While we have taken care to ensure accuracy, Omnia Legal is not responsible for any errors, and makes no guarantees about the accuracy or completeness of the information. Links to third-party websites do not constitute an endorsement, and we are not liable for any damages that may result from using inaccurate or incomplete information. It's always best to seek legal advice for specific situations.