When couples separate, it is sometimes difficult for one partner to meet their ongoing expenses following separation. In such circumstances, there can be an obligation on one partner to financially support the other for a certain period of time. This is known as spousal maintenance.
Spousal Maintenance Claims
Spousal maintenance claims most commonly arise where one partner is not earning an income (or earning a lesser income) as a result of caring for children, maintaining the household and / or completing a period of training or education.
There are a number of factors that are taken into account in assessing whether someone has a claim for spousal maintenance. Assessing spousal maintenance can be complex and it is important to obtain legal advice to fully understand your legal position.
We can advise you on whether any spousal maintenance claim is viable and what steps should be taken in order to address such a claim.
If you would like assistance with spousal maintenance, please contact one of our family lawyers below.
Frequently Asked Questions
Although becoming less common, the receipt of spousal maintenance following separation remains an important resource for spouses and civil union partners who are unable to meet their own reasonable needs. A spouse or civil union partner does not, however, automatically qualify for maintenance upon separation; they must fall within certain qualifying circumstances. Where the circumstances do exist the length of time payments are made is determined on a case-by-case basis.
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