Spousal maintenance is the financial support of one former partner by the other, after a marriage or de facto partnership has ended.

     When is spousal maintenance payable?

• When one ex-partner has a need for financial support
• When the other partner can provide that support
• When it would be considered proper for that support to be provided in the circumstances

This is typically where one partner earns the income and the other doesn’t, and can’t support themselves after the separation. If there aren’t enough assets to split up, one partner may be required to make ongoing payments to the other so they can adequately survive financially outside of the marriage.

The payments may be required for a short or long period of time (including indefinitely) in some circumstances. This can be dictated by a court, or using mediation/personally, the two partners can agree on an amount themselves. The payment could be in a lump sum from a property settlement, or an allowance.

Legal advice should be sought no matter which side of the spousal maintenance agreement you are on, since entitlements and obligations can get tricky. Don’t get screwed over. Contact Vanessa Ash for expert legal advice on your separation and divorce. 

     How it works
If one of you is unable to support yourself financially without maintenance and the pair of you are just as broke as each other, there really isn’t a useful solution and no arrangement is likely to be made for payments to either party. The court considers whether the payer is actually able to pay, and if the circumstances seem to require it. No assets are sold for this process.

Make it fair. Call Vanessa Ash and Associates today.