Spousal Maintenance Lawyers – Adelaide

It is usually a time for adjusting to a new way of living when couples separate, and sometimes, where one party has relied on the other party for financial support over several years, it can be worrying trying to work out how to support yourself financially moving forward.

At Bambrick Legal, we understand that spousal maintenance matters can be a challenging aspect of separation.

When you need assistance, our dedicated Spousal Maintenance lawyers are here to provide valuable guidance and support.

What is Spousal Maintenance?

Under the Family Law Act 1975, the Federal Circuit and Family Court of Australia have the power to order one party to a marriage or de facto relationship to provide financial support to the other party, in circumstances where there is an imbalance between the parties’ financial affairs and one of the parties is not able to adequately support their living expenses.

This is known as spousal (or de facto) maintenance.

How is Spousal Maintenance Calculated?

Depending on your individual circumstances, a maintenance payment will be determined by various factors and is usually for a set period, generally until the party who is unable to support themselves can do so.

The amount payable will be a set amount and is based on your financial circumstances and that of the other party.

You may request that payments be made weekly, fortnightly or monthly.

The factors the Court uses to decide whether maintenance should be paid are:

• The parties’ age and health and whether they can gain meaningful employment,
• The duration of the marriage or relationship,
• Income, property and financial resources between the parties,
• Care and control of children (read about child custody and parenting arrangements here),
• Responsibilities one party has for children or another person,
• The reasonable standard of living of each of the parties,
• Eligibility of the party seeking payment to a pension, government benefit or superannuation, and
• Any child support that a party is either receiving or paying.

If you have been in a de facto relationship, then the relationship must have been 2 or more years, there must be a child or children of the relationship, and you must have been ordinarily present in Australia during that time.

Alternatively, where one party has been making substantial contributions to the relationship and these payments cease, a party may request a payment where not receiving a maintenance payment would result in a serious injustice to that party.

How Long Will I Receive Spousal Maintenance Payments?

Guided by the factors above, the Court will consider your circumstances when determining how long you should receive maintenance payments.

If you commence a new relationship, the Court will look at the financial resources available to you from your new partner.

Maintenance payments may cease to continue to be paid by your previous spouse or partner if you choose to remarry.

It is only in the most exceptional circumstances that payment would continue following the re-partnering or remarriage of a party.

It is the responsibility of the person receiving the benefit to inform the other person of changes to living and financial circumstances.

Any money paid following such a change in circumstances may be recovered by the person making the payments.

When Can I Request Spousal Maintenance Payments?

You may make an application for spousal maintenance at any time following the breakdown of the marriage.

However, should you formally divorce, you have 12 months after the divorce order is granted to apply.

Should your de facto relationship break down, you have 2 years to make an application.

As spousal and de facto maintenance payments are unique to each situation, it is important to get legal advice tailored to your specific needs.

Why Choose Our Spousal Maintenance Lawyers

When you choose our team of Spousal Maintenance lawyers, you gain access to a wide range of benefits:

1. Financial Clarity

We provide transparent pricing and competitive cost estimates, ensuring you can plan your legal journey with confidence.

2. Compassionate Legal Support

Our lawyers genuinely care about you and your family.

We offer compassionate support during this challenging time.

3. Expertise & Efficiency

With over 10 years of industry experience, our spousal maintenance lawyers are well-versed in family matters, efficiently handling the complexities of your case.

4. Multilingual Assistance

Our team is fluent in English, Mandarin, Cantonese, Spanish, and Italian, ensuring clear communication and understanding of your unique needs.

5. Tailored Legal Strategies

Regardless of the complexity of your situation, our experienced lawyers work closely with you to develop custom legal strategies that align with your objectives.

6. Comprehensive Spousal Maintenance Services

Our services cover a range of spousal maintenance matters, including financial planning, duration considerations, and applications post-divorce or separation.

Cost-Effective Legal Assistance

Our fees are competitive and cost-effective.

You’ll receive a complete estimate of costs only after we thoroughly understand your specific requirements, ensuring a service tailored to your needs.

Book Your Free Consultation

We believe in providing you with the opportunity to learn more about our services without any initial financial commitment.

Your first consultation with our Spousal Maintenance lawyers is always free.

Let Our Spousal Maintenance Lawyers Guide You

Spousal maintenance matters can be complex, but you don’t have to face them alone.

Bambrick Legal’s spousal maintenance lawyers are here to support you, offering a combination of expertise, compassion, and cost-effective solutions.

Your first consultation with our team of spousal maintenance lawyers is always free.

Book yours now.

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