It is very common for relationships to involve a level of financial dependency and separation may result in financial instability for one of the parties. If this applies to you, an application for spousal maintenance may assist in relieving financial stress and we can help guide you through this process.

For a claim for spousal maintenance to be granted, generally two elements must be met:

One party is unable to support themselves from their income or other source of funds (such as money in the bank, or assets which can be sold such as shares); and

The other party has the capacity to provide financial support either from their income or from a source of funds that they solely control.

If both these elements are met then the Court may make Orders for the payment of spousal maintenance, where they deem it appropriate.

Importantly Spousal Maintenance Orders can be made both prior to the finalisation of a property settlement to ensure financial stability and/or on a final basis (extending beyond final judgement) to allow adequate time to re-train and re-enter the workforce or to find alternate means of financial support.