ARTICLE · 27 APRIL 2015

How does spousal maintenance operate?

Watkins Tapsell

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Marriage parties have a duty to support and maintain each other as much as possible, even after separation and divorce.

AustraliaFamily and Matrimonial

Karen Hardy (Formerly With Watkins Tapsell)

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WHAT IS SPOUSAL MAINTENANCE?

Spousal Maintenance is financial support paid by a party to a marriage to their husband or wife (or their former husband or wife) in circumstances where they are unable to adequately support themselves.

Under the Family Law Act, a person has a responsibility to financially assist their spouse or former de facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets.

Where the need exists, both parties have an equal duty to support and maintain each other as far as they can. This obligation can continue even after separation and divorce. The extent of the support depends on what the other party can afford to pay.

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