Going through a separation or divorce is never easy, and it often comes with questions about financial responsibilities after the relationship ends. One of the most common concerns is spousal support, also known as spousal maintenance. This is a payment made by one party to their former partner to help them meet reasonable living expenses if they are unable to support themselves.
In Australia, spousal support is a legal obligation under certain circumstances, and it can be either agreed upon between the parties or ordered by the court.
What Is Spousal Support?
Spousal support is financial assistance paid by one spouse to the other after separation or divorce. It is different from child support, which is meant to cover the needs of children. Spousal support is focused solely on the needs and financial circumstances of the former partners.
Spousal maintenance is based on the idea that both individuals in a marriage or de facto relationship should be able to live reasonably after the relationship ends. If one person cannot meet their own living expenses and the other has the capacity to help, then support may be required.
Who Can Apply for Spousal Support?
In Australia, either person in a marriage or de facto relationship can apply for spousal maintenance. To be eligible, the applicant must show that:
- They are unable to adequately support themselves; and
- The other person has the financial ability to contribute.
Spousal maintenance is not automatically granted in every separation. The court will assess each case individually based on a range of factors, which is why working with experienced family lawyers is important to help you present your case clearly and correctly.
What Does the Court Consider?
When deciding whether spousal support should be paid, and how much, the court looks at many aspects of both parties’ financial situations. These include:
- Age and health of both parties
- Income, property, and financial resources
- Ability to work or earn an income
- Care and responsibility for children
- Standard of living during the relationship
- Duration of the relationship
- Any contributions made to the relationship, both financial and non-financial
The goal is to achieve fairness without creating financial hardship for either party. This means the court will not award spousal support if it would put the paying person in financial trouble.
How Long Does Spousal Support Last?
There is no fixed time period for spousal support. It may be ordered for a short-term period, especially if the person receiving it is expected to return to work or gain financial independence soon. In other cases, it may be granted for a longer time, depending on the age, health, and earning capacity of the person receiving support.
Spousal support arrangements can be reviewed and changed if circumstances change, such as job loss, illness, or a new relationship. Family lawyers can help you understand your options if you want to apply for a change.
How Is Spousal Support Paid?
Spousal maintenance can be paid in several ways:
- Periodic payments (weekly or monthly)
- Lump-sum payments
- Covering specific expenses (such as rent, bills, or medical costs)
The method of payment depends on what is agreed between the parties or ordered by the court. If the support is court-ordered and not paid as required, the receiving party may take legal action to enforce the order.
Can You Avoid Court?
Yes, spousal support can be agreed upon privately between the parties without needing to go to court. This is often done through a binding financial agreement or consent orders. These legally binding documents set out the terms of support, and once approved, they carry the same weight as a court order.
It is always a good idea to get legal advice before signing any agreements, to ensure your rights are protected. Family lawyers can draft these documents and negotiate terms that work for both sides.
What Happens If You Don’t Pay?
If a person fails to pay court-ordered spousal maintenance, the other party can ask the court to enforce the order. This can result in serious consequences, including garnishing wages, seizing assets, or holding the non-paying party in contempt of court.
Ignoring your legal obligations is not advised. If you are struggling to meet the payments, you should speak with family lawyers to request a change based on your current financial situation.
If you are separating and believe you may be entitled to or required to pay spousal support, speaking with experienced family lawyers can make all the difference. They can help you understand your obligations, gather the right documents, and represent your interests either in court or through private agreements.
Knowing your rights and taking the proper steps early can make the process smoother and less stressful for everyone involved.
