Spousal Maintenance

The team at Jones Leach Lawyers understands the delicateness required when dealing with spousal maintenance. Our customers commend us for the respect and honesty with which we attend to matters in this area.

What is spousal maintenance?

Spousal maintenance is financial support that one party provides to the other after a marriage or de facto relationship has ended. It thus differs from child maintenance. Typically, spousal maintenance is payable where one party needs financial support; the other party can provide that support; and it would be legally, financially and morally proper in all circumstances that support be provided.

In such a scenario, we often find that one partner is the income earner, while the other does not have adequate means of support due to separation. One can make regular payments for a short period, indefinite payments or a one-off lump sum payment, on the grounds of an agreement between both parties or by Court order. We at Jones Leach Lawyers endeavour to guide you through an agreement that satisfies you and your partner, so that Court is a last resort. Spousal maintenance can also be integrated into your property settlement.

Time limits

At any time after separation, you can apply for spousal maintenance. This may be when you decide upon separation but have not yet left the house, at the time of separation or at any time thereafter. There are time limits, however, when it comes to divorce. You must reach an agreement or apply for a court order either within twelve months after your divorce has been finalised or within two years from the date that your de facto relationship ended.

When does maintenance end?

Your right to regular payments of maintenance ends if you remarry, unless in special circumstances. It may also be discontinued if your:

• Financial situation improves (for example, because you enter a new de facto relationship)
• Responsibility for caring for children changes significantly
• Earning capacity improves.

To end maintenance, you must apply to the Court to alter your maintenance orders.

How can we help?

It is recommended that you seek legal advice on spousal maintenance – and Jones Leach Lawyers offers among the best in Brisbane. We understand that this is a delicate legal area and therefore, our solicitors operate with sensitivity and expertise. Jones Leach Lawyers will guide you through your matter efficiently and transparently, in order to deliver you the best possible result. Don’t wait – call today or book your consultation online.