The reason for that inability may be because one spouse has the responsibility to care for a child or children of the relationship or they are unable to work (or only earn a small amount).
When determining if one party has to pay maintenance to the other, the Court considers:
1. Does one party have a need for financial support? (ie: do their reasonable expenses outweigh their income?)
If so, then:
2. Does the other party have the capacity to provide financial support? (ie: does their income exceed their reasonable expenses?) The Child Support Agency has no role in assessing spouse maintenance.
An application for spousal maintenance must be filed within twelve (12) months of divorce if the parties were married, or within two (2) years of separation if they were in a defacto relationship.
Applications can be made after this period with authority of the Court.
We are able to provide you with specific advice as to your entitlement or liability to spousal maintenance.
