Spousal Maintenance Lawyers in Perth

Family Law

It is often the case that during a relationship, one partner earns more than the other. This is particularly the case when there are children and one partner is a stay at home parent and the other is working.

When couples separate this can mean that one partner is financially worse off than the other. Where there are children involved, this can also mean that the stay at home parent cannot as easily obtain work to increase their income.

In these circumstances it may be appropriate for there to be a payment of spousal maintenance. Like child support, spousal maintenance is a payment to financially support your former spouse or partner where they are unable to meet their own needs – that is, they cannot afford all of their living expenses and outgoings on their income. Spousal maintenance can also be ordered to assist the less financially well-off partner to increase their own earning capacity, such as undertaking a course to upskill so that they can obtain a higher paying job.

However, just because one partner is a stay-at-home parent or earns less than the other partner does not mean that there will be an order for spousal maintenance.

The criteria for spousal maintenance is complex and takes into consideration various factors. If you are considering making an application for spousal maintenance or are the Respondent to an application for spousal maintenance then you should seek legal advice as soon as possible to determine whether spousal maintenance is appropriate in your circumstances.

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