What is Spousal Maintenance and am I Eligible?

March 21, 2016 – at 3:03 am – by Bodekers Family Lawyers

In Western Australia, spousal maintenance is a family law term requiring payment from one spouse to another, for the maintenance of that spouse where they are unable to do so themselves.

Please note that spousal support is different to child support. Once is maintenance for the spouse, the other is to the spouse, for the child.

Payment may be as a lump sum or installments, and considerations a court may make when determining if a spouse is unable to support themselves include, but are not limited to:

  1. The fact that one spouse is responsible for the care and control of a child of the marriage whom has not yet turned 18;
  2. Whether or not a spouse is unable to secure gainful employment by way of age or physical or mental capacity.

These factors and many more may be considered when determining if, and to what extent, a spousal maintenance order may be due. In certain circumstances, spousal maintenance may also be payable in de facto relationships.

If you would like to find out more about this issue, you may seek legal advice from one of our experienced family law solicitors. We invite you to discuss your particular situation with our Legal Practitioner Director, Ms. Shannon Bodeker, who is very experienced in this area.

Prior to your first appointment, you may send us an email, fax or similar, outlining your situation in as much detail as you like. This information will be read on a complimentary basis prior to your first family law appointment.

Please note this is not family law advice. It is important to seek specific family law advice. We are very experienced Perth family law solicitors and can provide you with the very best legal advice regarding spousal maintenance.

Email our Legal Practitioner Director Shannon Bodeker at info@bodekers.com.au now for your complimentary pre-read and your first appointment at a reduced rate.