Spousal Support

In certain circumstances the Court can make an order for spousal maintenance, meaning that a spouse with sufficient financial means will have the responsibility of providing their former spouse with financial assistance if he or she cannot meet their own reasonable expenses from their personal income or assets. In an application for spousal maintenance the Court considers the following factors:

1. The needs of the applicant;
2. The other spouses capacity to pay;
   
3. Residence of the child of the parties;
   
4. The age and health of the parties;
   
5. The income and property of the parties; and
6. 6. Whether the marriage has affected a party’s ability to earn income. Entitlement to spousal maintenance ceases upon one party remarrying and it may also cease if a party enters into a de facto relationship. It is important to note that an application for spousal maintenance must be made within 12 months of your divorce becoming final. If you do not apply within this time, you will need special permission of a court. This is not always granted.

Individuals in a defacto relationship are not entitled to apply for spousal maintenance.