Who is entitled to spousal maintenance?
Some factors that the court may consider include:
- The receiving spouse’s income and earning capacity;
- The paying spouse’s ability to pay;
- The length of the marriage;
- The age and health of both parties;
- The care of any children;
- The standard of living during the marriage;
- Any financial or non-financial contributions made by either party during the marriage;
- Any other relevant circumstances.
It’s worth noting that the court’s primary consideration is the needs of the receiving spouse and their ability to support themselves.
If the receiving spouse is able to meet their own needs, or if the paying spouse is unable to pay, spousal maintenance may not be awarded.
It’s also worth noting that spousal maintenance is distinct from child support, which is intended to cover the expenses of raising any children of the marriage.
- Legal separation or divorce: You must have legally separated or obtained a divorce in order to be eligible for spousal maintenance.
- Financial need: The court will consider whether the receiving spouse has a need for financial support in order to meet their basic living expenses. This may include things like housing, food, clothing, and medical expenses.
- Ability to pay: The court will also consider the paying spouse’s ability to pay spousal maintenance. Factors such as income, assets, and liabilities will be taken into account.
- Length of the marriage: The length of the marriage is also a factor that the court will consider. Generally, the longer the marriage, the more likely it is that spousal maintenance will be awarded.
- Other factors: The court will also consider other factors such as the age and health of both parties, the care of any children, the standard of living during the marriage, and any financial or non-financial contributions made by either party during the marriage.
It’s worth noting that the court’s primary consideration is the needs of the receiving spouse and their ability to support themselves.
If the receiving spouse is able to meet their own needs, or if the paying spouse is unable to pay, spousal maintenance may not be awarded.
Call Rebus Legal on 1800 732 875 and request a Free 15-minute consultation to assess your situation in relation to spousal maintenance in one of our conveniently located offices in Victoria Park, Osborne Park or Joondalup.