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ARTICLE · 05 MARCH 2014

Spousal maintenance - upon marriage separation

Spousal maintenance is financial support paid upon separation where one party is unable to support him or herself.

AustraliaFamily and Matrimonial

Often when couples separate, the father ends up working full-time while the mother looks after the children, working part-time or not at all. He may have access to regular earnings, while she struggles to make ends meet. She may also bear the burden of substantial living costs for the children. How can she get help?

"Spousal maintenance" is the financial support paid by one party to a marriage to the other where the other is unable adequately to support him or herself. De facto partners may also seek spousal maintenance.

The primary purpose of spousal maintenance is to level the playing field between the incomes or earning capacities of spouses and is based on their respective needs. It is usually ordered for a relatively short period after separation (around two to three years) to enable the recipient to re-train, find work or generally re-establish themselves. It may be paid in a lump sum.

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