Spousal & de facto maintenance.
What is it and what does a Court consider?
Spousal & de facto maintenance is financial support paid by your ex-partner in circumstances where you are unable to adequately support yourself financially.
Under the Family Law Act 1975 (Cth), a person has a responsibility to financially assist their ex-partner if that person cannot meet their own reasonable expenses from their personal income or assets.
Where the need exists, both parties have an equal duty to support and maintain each other as far as they can. This obligation can continue even after separation and divorce.
The Court will consider the needs of the applicant, and the respondent’s capacity to pay.