Spousal maintenance

What is spousal maintenance?

Following separation one party may be required to pay spousal maintenance to the other. The person seeking spousal maintenance must show that they are unable to support themselves, such as due to care of children, inability to obtain employment or because of a disability. Even if one party can show that they need financial support, maintenance will only be considered if the other party has the capacity to pay maintenance.

How is spousal maintenance paid?

If spousal maintenance is required to be paid, it can be paid either in a lump sum or on a periodic basis such as weekly or fortnightly.

How long is spousal maintenance to be paid?

How long spousal maintenance is to be paid for depends on the circumstances of each case. Often it is only for a short period of time to enable the person needing the maintenance to take steps to be able to support themselves such as training to re-enter the workforce.