Spousal Maintenance and Support

After a relationship has ended, one of the partners may need financial support. Spousal support (or maintenance) can be awarded for a temporary fixed period or a longer ongoing (reasonable) time. It can apply whether you are married or in a de facto relationship or civil union. Often it is awarded in situations where one partner has sacrificed their career to look after the children or support the other partner.

There are several factors that will determine whether support should be paid including the ages of the parties, the duration of the marriage, civil union, or de facto relationship, and the ability of the spouses or partners to become self-supporting. The fact that one of the parties may qualify for a benefit will not necessarily extinguish the other party's liability to provide support.

If you have recently separated and need spousal support, or have had a claim for spousal support made against you, it is wise to seek legal advice at an early stage to establish what your rights (and liabilities) are. Brookfields can help you to negotiate support requirements and document any agreements reached. If court proceedings are necessary, we can give you practical and effective advice to help you through the process.


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