Spousal Maintenance
After separation one party may not be able to properly support themselves because of responsibilities for children, a long absence from the workforce, or as a result of ongoing educational commitments. If the other party has the capacity to pay spousal maintenance (also known as alimony) to the other, the Court may be willing to make an Order for such maintenance.
- In making an Order for maintenance the Court will consider the following (among other things):
- The age and state of health of each of the parties
- The income, property and financial resources of each of the parties and the physical and mental capacity of each of them for appropriate gainful employment
- Whether either party has the care or control of a child of the marriage who has not attained the age of 18 years
- Commitments of each of the parties that are necessary to enable the party to support:
- Himself or herself
- A child or another person that the party has a duty to maintain
- The responsibilities of either party to support any other person
- The eligibility of either party for a pension, allowance or benefit under:
- Any law of the Commonwealth, of a State or Territory or of another country; or
- Any superannuation fund or scheme, whether the fund or scheme was established, or operates, within or outside Australia; and the rate of any such pension, allowance or benefit being paid to either party
- Where the parties have separated or divorced, a standard of living that in all the circumstances is reasonable
- The extent to which the payment of maintenance to the party whose maintenance is under consideration would increase the earning capacity of that party by enabling that party to undertake a course of education or training or to establish himself or herself in a business or otherwise to obtain an adequate income
- The effect of any proposed order on the ability of a creditor of a party to recover the creditor's debt, so far as that effect is relevant
- The extent to which the party whose maintenance is under consideration has contributed to the income, earning capacity, property and financial resources of the other party
- The duration of the marriage and the extent to which it has affected the earning capacity of the party whose maintenance is under consideration
- The need to protect a party who wishes to continue that party's role as a parent
- If either party is cohabiting with another person--the financial circumstances relating to the cohabitation
- Any child support under the Child Support (Assessment) Act 1989 that a party to the marriage has provided, is to provide, or might be liable to provide in the future, for a child of the marriage
- Any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account
- The terms of any financial agreement that is binding on the parties to the marriage
- The terms of any Part VIIIAB financial agreement that is binding on a party to the marriage.
We can assist you with the registration and enforcement of overseas maintenance agreements, and the enforcement of Australian maintenance Orders.