At Coastal Family Law, we help clients across Mandurah and the Peel Region understand their rights and options when it comes to spousal maintenance.
What Is Spousal Maintenance?
Spousal maintenance is financial support paid by one former partner to the other following separation or divorce. Its purpose is to help ensure both parties can maintain a reasonable standard of living while adjusting to their new circumstances.
Maintenance can be paid to a former partner following not just the end of a marriage but also the breakdown of a de-facto relationship, called ‘de-facto partner maintenance’. For the purpose of this article, we will refer to maintenance for both de-facto and married couples as ‘spousal maintenance’.
Who Is Eligible for Spousal Maintenance?
The first step is determining whether someone is eligible to make or receive a claim. The court looks at two key factors:
Financial need: A person may be eligible if they are unable to adequately support themselves. This could be because they are caring for young children, have limited earning capacity, or are dealing with illness, injury, or other health issues that affect their ability to work.
Capacity to pay: The court will also look at whether the other party has the financial ability to provide support. If they can contribute without experiencing financial hardship themselves, they may be required to assist their former partner.
Both of these factors must exist for spousal maintenance to be awarded. If one party needs support and the other has the ability to provide it, the court may determine that spousal maintenance is appropriate.
Why Spousal Maintenance Is Assessed Case by Case
Every relationship and financial situation is different. That is why spousal maintenance is assessed on a case by case basis rather than being an automatic right. The court carefully considers the circumstances of both parties to ensure any support arrangement is fair and reasonable.
How Coastal Family Law Can Help
Spousal maintenance claims can feel overwhelming, especially when emotions and finances are already under strain. At Coastal Family Law, our experienced Mandurah family lawyers provide clear advice and practical guidance to help you understand where you stand and what options are available.
Whether you are seeking support or have been asked to provide it, we are here to protect your rights and help you move forward with confidence.
If you would like to discuss your situation, contact Coastal Family Law today for expert advice tailored to your circumstances.
