Call Now 📞 0412 151 151
Spousal Maintenance
At Call Mick, our expert Family Lawyers are situated all over Sydney and are ready to help our clients navigate the complexities of property settlements following relationship breakdowns. We provide legal advice and representation for asset division, spousal maintenance, superannuation splitting, and child support. Our goal is to ensure fair treatment and access to entitlements during this challenging time.
What is Spousal Maintenance?
Spousal maintenance refers to financial support provided by one spouse to the other following the breakdown of a marriage or de facto relationship. Unlike child support, spousal maintenance aims to help the receiving spouse maintain their standard of living while they work towards financial independence.
How do I get Spousal Maintenance?
In Australia, there is no automatic entitlement to spousal maintenance. The applicant must seek a court order, and the court will consider factors such as the applicant’s income, assets, age, health, relationship length, and any parenting responsibilities. The purpose is to ensure both parties can meet their basic needs, including accommodation, food, clothing, and transport. Education or training support may also be needed for the applicant to return to work.
The Importance of Timely Legal Advice
Engaging legal advice early helps avoid misunderstandings and ensures clarity regarding rights and entitlements. Our experts provide guidance to assess each case's unique circumstances, outline potential outcomes, and prepare for court if needed. Early legal intervention supports informed decision-making and reduces conflict.
Child Support vs. Spousal Maintenance
Child support is different from spousal maintenance, as it addresses the needs of dependent children and is calculated using a fixed formula. It is paid by the parent spending the least time with the children to the primary caregiver.
Payment and Duration
Spousal maintenance can be paid as a lump sum or regular payments. The amount and duration are determined by the court, based on the case’s specific circumstances. It is often temporary, intended to help the receiving spouse become financially independent. The court considers the paying spouse’s ability to pay and can revise the maintenance amount if circumstances change. If the recipient spouse remarries or starts living with a new partner, spousal maintenance may be terminated.
What are my Tax Implications when paying/receiving Spousal Maintenance?
Spousal maintenance is taxable income for the recipient spouse, and the paying spouse can claim it as a tax deduction. Failure to pay court-ordered spousal maintenance can result in severe penalties, including fines, imprisonment, or wage garnishment.