Spousal Maintenance

Spousal Maintenance Legal Advice & Representation

One of the purposes of the Family Law Act is to ensure that, following the end of the relationship, the parties become financially independent of each other. However, the law also recognises that, in some cases this is simply not possible. For example, the mother/wife may have either given up her career or not started it to bring up the children, and 20 something years later finds herself with no income and no real prospect of earning one.

In these circumstances, it is possible to apply for spousal maintenance, which is a payment by one party to the other. In most cases, this will be expressed as a weekly or monthly amount and will often be for a limited period (for example until the receiving party has retrained or finished a course of study). However, sometimes, an amount for spousal maintenance will be included as part of any lump sum settlement.

The claim for spousal maintenance is made at the same time as the application for a final property settlement. It is open to the court to order payment on an interim basis, for example to be paid until the final resolution of the property settlement matter when all financial issues between the parties will be dealt with.

We can assist you in advising whether it is appropriate to apply for or pay spousal maintenance, what the appropriate figure for payment would be, and for how long payments should last.

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