Concerned About Spousal Maintenance?

Let our expert Sydney Family Lawyers guide you through the spousal maintenance claims process, ensuring you receive or provide fair financial support. Take advantage of our FREE phone consultation to discuss your situation & explore whether our lawyers are right for you.

Understanding Your Rights to Spousal Maintenance

You may be entitled to spousal maintenance from your former partner or you may be on the receiving end of a spousal maintenance claim. O’Loan Family Law can help you.

What Is Spousal Maintenance?

Spousal maintenance is an ongoing periodic or lump sum payment from one spouse to the other spouse for the other spouse’s continuing living expenses. This is separate from child support which is paid for the children’s expenses.

How Courts Determine Spousal Maintenance

The court will make a decision regarding spousal maintenance financial disputes based on a list of general criteria, as well as carefully evaluating the nature of your relationship.

These determinants may include:

  • Total income, disposable income, property and other assets;
  • Any form of debt;
  • Age and state of health;
  • The capacity for you (or your former partner) to earn a living and whether or not the separation has affected it;
  • Your overall standard and quality of life; and
  • hich parent the children live with or which home they will spend the most time.

The Role of Negotiation in Spousal Maintenance

It is important to remember that spousal support is not necessarily an entitlement granted to anyone proceeding the finalisation of a divorce. It is often recommended by divorce lawyers, depending on the circumstances, that you should try to reach a financial agreement without going to court first, if at all possible.

Mandatory Dispute Resolution in Spousal Maintenance Claims

If an application for spousal maintenance is made to the court, you and your former partner will be ordered to undertake dispute resolution procedures to more efficiently reach a payment agreement. These procedures are almost always mandatory with the exception of some extreme cases where child abuse or other family or domestic violence has either occurred or appears likely to occur.

Time Limits for Spousal Maintenance Applications

You must submit an application for spousal maintenance orders within 12 months of your divorce being finalised. Filing for orders after this period can complicate and prolong the process and may result in a denied application.

Spousal Maintenance Rights for De Facto and Same-Sex Couples

Spousal maintenance is not only an issue for married couples who have separated. People in de facto relationships, including same-sex couples, also have the same rights and obligations for maintenance.

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Our Process

Family law can feel confusing and overwhelming. We’ve broken this down to be as simple as possible. This is what the journey looks like ahead. Our simple 6-step process to resolve your matter & allow you to move forward towards a better, happier and more fulfilled life.

Step 1:
Book Your Free Consultation

Your first step is to get in touch to schedule your free telephone consultation with one of our experienced family lawyers. If you're ready to sit down with us for a longer meeting, head straight to Step 3.

Step 2:
Your Free 15-Minute Call

This is your time to speak with one of our experienced family lawyers over the phone, so that we can get to know each other and discuss the basic details of your current situation. There is no cost involved.

Step 3:
Your Initial Consultation

Spend 60-90 minutes discussing the specifics, particularly regarding parenting and property. You'll receive initial advice, a clear roadmap for next steps, identification of key issues, and recommendations for specialist consultations if necessary.

Step 4:
Your Unique Strategy

Once we have all of your relevant information, we are able to prepare detailed next steps for you, to work together with you to meet your goals and your individual circumstances.

Step 5:
Next Steps & Ongoing Support

We'll keep you informed throughout your separation journey and provide you with the support you need to be able to move forward with your life. We'll keep you updated about tracking towards your separation goals and your timeframe, so that you can properly plan for your future.

Step 6:
Resolution & Moving Forward

Lots of separated couples reach an agreement and we strive to ensure that this is your reality. However, in the event you need to commence Court proceedings, or respond to an application that your ex has commenced, we'll support you with robust strategies and continue to work toward resolution without the need to rely on the Court to make a decision about your future.

Ready To Get Clear On Your Situation, Discover Your Options & Plan Your Next Steps?

Take advantage of our free, no-obligation consultation with an experienced family lawyer to discuss your situation, find out what your options & make a plan on what to do next. Click one of the buttons below to book your free consultation.

Before You Go!

Take advantage of our FREE CONSULTATION with an experienced family lawyer to discuss your situation, find out what your options are & make a plan on what to do next.