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ARTICLE · 16 OCTOBER 2016

What on earth is spousal maintenance?

The purpose of Spousal Maintenance is not to have one party supporting the other financially ad infinitum.

AustraliaFamily and Matrimonial

Following the breakdown of a marriage or de facto relationship, one party can often find themselves in a significantly weaker financial position than their former spouse. This can come about as a result of a variety of factors. One common scenario involves one party essentially giving up career advancement to care for the parties' children. As a result the party who continued to work throughout this period will have a higher income earning capacity than their partner - who may not have worked or only worked on a part time basis over a period of several years.

In these circumstances a former partner may have to provide ongoing support to the financially weaker party to cover any shortfall between their reasonable living expenses and their available income. This financial support is called "spousal maintenance".

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