Spousal Maintenance Lawyers In Sydney

Are you concerned about spousal maintenance payments as part of your separation proceedings? Let our experts guide you through the spousal maintenance claims process. We can help ensure you receive or provide fair financial support. Take advantage of our FREE phone consultation to discuss your situation & explore whether our spousal maintenance lawyers in Sydney are right for you.

spousal maintenance lawyer sydney

Understanding Your Rights to Spousal Maintenance

You may be entitled to spousal maintenance from your former partner but you are not sure how to work it out. Alternatively, you may be on the receiving end of a spousal maintenance claim and want to know if it is fair. 

Either way, the spousal maintenance lawyers at 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. It is intended to be appropriate for the other spouse’s continued living expenses. It is separate from child support which is paid for the children’s expenses.

How Courts Determine Spousal Maintenance

The court will usually make a decision regarding spousal maintenance financial disputes based on a list of general criteria.  This will be calculated while also 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
  • which parent the children live with or which home they will spend the most time living in.
 
Our experienced spousal maintenance lawyers in North Sydney and Rozelle can help you collate and present this information and formulate a proposal that represents your interests.

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. It is often recommended 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. The purpose is to more efficiently reach a payment agreement. These procedures are almost always mandatory. Exceptions may arise such as in 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.

Book Your Free 15-Minute Spousal Maintenance Phone Consultation

Take advantage of our free, no-obligation 15-minute telephone consultation with an experienced family lawyer to discuss your situation. Our team are experienced with spousal maintenance and can help you find out what your options are and to make a plan on what to do next. 

To speak with an experienced spousal maintenance lawyer in Sydney, simply call us or us our contact forms to book a call.

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Why Choose Us?

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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 A Complimentary Call

Your first step is to get in touch to schedule your complimentary call. If you’re ready for a longer, in-depth meeting with one of our experienced family lawyers, you can head straight to Step 3.

Step 2:
Your Complimentary Call

This complimentary call is your time to talk about what’s on your mind, feel heard, and get clarity on the best next steps for you. There’s no pressure and no cost—just a friendly conversation to help guide you forward.

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:
Prepare 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

Many separated couples reach agreement, and we work to make this your reality, however if you need to start or respond to Court proceedings, we’ll support you with strong strategies while still aiming to resolve matters without the need to rely on the Court to make decisions about your future.

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

Take advantage of our complimentary, no-obligation call to talk through your situation, explore your options, and work out the best next steps. 

Do You Have A Family Law Matter You'd Like Discuss?

Book your complimentary call to discuss your situation and find out what to do next.