Loading...

Does my working ex have to support me?

22 February 2022

Overseas it’s called alimony, in Australia it’s called spouse maintenance. It arises where there is a significant income difference between spouses at separation and the higher income earning spouse provides regular payments to the other spouse. So does it apply to you?

Spouse maintenance is where a payment is made by one spouse to the other (whether the couple was married or de facto) because of a significant difference in their incomes.

Under the Family Law Act, there is no formula to apply in determining how much spouse maintenance should be paid, rather there are a number of factors that need to be considered.

Spouse maintenance does not arise for every couple, however where it is an issue the amount will differ in every case.

Our Brisbane family law firm is experienced in dealing with complicated spouse maintenance issues and our understanding solicitors can help you through your unique situation.

There are two types of spouse maintenance applications dealt with in the court:

  • Spouse maintenance is financial support paid to a party by their former husband or wife in circumstances where they are unable to adequately support themselves.
  • De facto partner maintenance is financial support paid by a party to a former de facto partner if the defacto relationship has creased and in circumstances where they are unable to adequately support themselves.

The Family Law Act states that a person has a responsibility to financially assist their spouse or former de facto partner if that person cannot meet their own reasonable expenses.

Where applicable, both parties have an equal duty to support and maintain each other. This obligation can continue even after separation and divorce. The extent of the support depends on what the other party can afford to pay.

When making a decision, the Court considers:

  • The financial needs of an applicant and
  • The respondent’s capacity to pay
  • Your age and health
  • Your income, property and financial resources
  • Your ability to work
  • What is a suitable standard of living
  • If the marriage has affected your ability to earn an income
  • With whom any children (under 18 years of age or adult children who are disabled) live.

FAQs

Q. Who can apply for Spouse Maintenance?

A. Both married and de facto spouses can seek spouse maintenance from their spouse following separation. The application must be made:

  • For married spouses, within 12 months from the date of your divorce becoming final; or
  • For de facto spouses within 2 years of the end of the de facto relationship.

Q. How long does Spouse Maintenance go on for?

A. An Order for spouse maintenance continues for

  • The time specified in the Order or
  • Until the remarriage of the recipient; or
  • The death of the payer or recipient; or
  • A significant change of financial circumstances for the payer or recipient

Q. Can Spouse Maintenance Orders be changed?

A. Yes, once it has been made an Order for spouse maintenance can be varied at any time when there has been a change of circumstances.

Q. Can Spouse Maintenance be completely extinguished?

A. The only way that a party’s ability to make an application for spouse maintenance can be extinguished is by entering into a Financial Agreement. The effect of a Financial Agreement, if it deals with spouse maintenance, is to oust the jurisdiction of the court to deal with any future spouse maintenance applications.

Q. Why are spouses responsible for financially supporting each other even after they separate?

A. The Family Law Act provides that a person has a responsibility to financially support their former spouse if they are unable to meet their own reasonable expenses. If one spouse has been out of the paid workforce for a number of years to care for the parties children and does not have current work experience or qualifications to obtain paid employment, their spouse has a responsibility to support them until they can earn (or generate) income to support themselves.

Q. Can an application for Spouse Maintenance be made more than 12 months after divorce?

A. You must apply for the Court’s permission (“leave”) to make an application for spouse maintenance after12 months from your divorce becoming finalised. You will need to explain the delay in making the application and satisfy the court that you or the children of the relationship would suffer hardship if the application was not heard by the court.

Q. Can Spouse Maintenance be arranged by agreement ‘outside’ court?

A. Yes. Spouses can agree to resolve their spouse maintenance matter without the courts intervention.  This will save you both a lot of time, money and stress. However, you should seek family law advice from an experienced solicitor about any agreement to finalise your financial matters.

Q. How is Spouse Maintenance paid?

A. Spouse maintenance can either be paid in regular instalments or a lump sum directly to the spouse or to a third party (for example by mortgage payments), depending on the needs and preferences of the spouses.

We hope this information is helpful. If you require expert spouse maintenance advice, call Michael Lynch Family Lawyers on (07) 3221 4300 to arrange a fixed-cost no-obligation initial face-to-face or over the phone or by Zoom or Microsoft Teams appointment with a family law solicitor. We can discuss your situation.

Image of a young woman working in her office.
2023-01-11T11:21:18+10:00

Client Testimonials

I was very impressed with the initial interview. Everything was well-explained, and the advice was honest about what I should expect.

C.M., Morningside
Your newsletters are great, I appreciate them.
K.B., Carina

Michael Lynch Family Lawyers are easy to deal with, and your systems are good.

D.T., Ferny Grove

I’m very glad ‘Michael Lynch Family Lawyers’ is my lawyer and not the other side’s solicitor.

S.S., Hamilton
A personalised and professional service. Information has been clear and provided timely to assist my decision-making.
S.S., Hamilton

Michael Lynch Family Lawyers know what they are talking about.

R.M., Warwick

Thank you for helping me through this difficult time. You have been caring, compassionate and efficient. Some of my divorcing friends have not been so fortunate. In my mind, you are the best family lawyer in Brisbane. If anyone I know needs a good family lawyer, I will tell them to speak to you. Thanks again.

B.T., Clayfield

Thank you very much to everyone at Michael Lynch Family Lawyers. Thank you for helping me get my life back and make a fresh start. To have that fresh start without fear and anxiety is priceless.

A.A., Perth
I appreciate you being upfront with fee estimates. You also have a fantastic website and the seminars REALLY helped to get me focussed.
T.C., Tarragindi
Your team is professional, warm, friendly and real.
N.R., Crows Nest
Thank you for the outstanding legal advice you have provided and professionalism in which you conduct yourself. I am truly thankful that it was you who represented me.
M.T., Stafford
I appreciate my lawyer’s professional approach and her being on top of my situation.
N.S., Mt Gravatt
I always felt that the service provided by Michael Lynch Family Lawyers was of a high standard. Each time, after appointments I came away feeling secure. Keep doing what you are and maintain the ‘family feel’ that permeates your services.
C.W., Brookfield

Thank you for being very personable, professional and always providing me with the most appropriate advice in my times of difficulty. The other party’s lawyers were extremely aggressive, while Michael Lynch Family Lawyers remained calm and professional.

S.D., Parkinson
My family lawyer was very helpful in assisting me to combat a very ugly situation without stooping to the low levels that the other solicitor attempted to take us.
M.J., Manly
Your team’s communication with me was exceptional, I knew exactly what was happening.
A.A., Eatons Hill

After utilising the mediation services team recommended by your organisation, my ex-partner and I were able to reach some interim agreements about parenting. I am incredibly grateful for the advice provided by Debra Effeney; and found your firm’s services to be exceptionally professional. If we needed to consult a family lawyer in the future, we would have no hesitation in reconnecting with your firm.

K.M., Paddington

Thank you, you kept me sane in a difficult situation and gave me the encouragement and the confidence to keep going. You made me feel extremely comfortable.

A.M., Chambers Flat
Michael is very personable and very good at covering the material and explaining the strategy.
J.O., Hawthorne
I like that my lawyer treated me like a friend and kept jargon to a minimum. She was easy to contact and kept me informed.
L.R., Samford
Michael Lynch Family Lawyers always gave me competent and knowledgeable advice. I was consistently kept up to date. The meetings and phone calls were kept business-like, yet caring and thoughtful of my emotional state at the time. Thank you.
J.S., Holland Park
May I take this opportunity to express my gratitude to you and your staff for the excellent professional services I received. In a word, priceless.
D.H., Hendra
I was guided through a really difficult time with expertise of Michael Lynch Family Lawyers. I am more than happy with the outcome of mediation.
J.H., Windaroo
Thank you for your ongoing conciliatory approach in this matter and as always I appreciate your level headed advice. I certainly feel that I ended up with the right Solicitor.
S.C., Nundah
I like your friendly service and the ability to speak to my solicitor directly.
R.G., Wishart
Amy, thank you. You have been diligent, accurate and pro-active for the entire duration of my matter. I appreciate it.
R.P., Cleveland
Michael Lynch Family Lawyers have really listened to me. I felt confident my case was handled well. The law has changed recently, and I did not feel that a previous law practice I spoke to was suitably up-to-date.
P.B., Carindale
Thank you for the great newsletter. Your article on “Coping with Christmas” is brilliant – clear, caring and helpful. Thanks again!
C.T., Bribie Island

I just wanted to get in touch to say thanks for helping me get through my custody and settlement. Thanks again to you and your staff. You have had a significant positive impact in my kids’ lives!

B.S., Brisbane

My lawyer has been an amazing help through this stressful time. I will remember her help for the rest of my life. Thank you.

J.H., Brisbane

I was always confident that I was getting the very best advice.

T.S., Flinders
The professionalism and reliability delivered by Amy Honan was fantastic. I had an urgent matter around my property sale and Amy offered to provide assistance over a weekend if I required it – that’s above and beyond!
E.F., Nundah

Thank you Debra for all the work you did for me, you both made the process manageable and brought sense to the chaos.

R.B., Toowong
So pleased to have had a good, sound and knowledgeable firm.
C.W., Brookfield
Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. I was completely satisfied with today’s outcome and without your experience and expertise in family law I doubt that the result would have been achieved.
M.R., West End
My solicitor provided a personalised service, prompt and quick responses and cost information prior to my commitment.
G.C., Southport

We had such a positive experience with Michael Lynch Family Lawyers, and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. Our lawyer took what was such a stressful and emotional time for our family, and made the process feel so smooth and seamless.

N.B., Brisbane
Michael, thank you again for your presence here yesterday. We really appreciated the clarity and accessibility of your presentation. It is a rare thing to find somebody who not only has expertise, but also has a skill in communicating it.
J.S., Brisbane
I really appreciated the happiness of your secretarial staff.
G.C., Clayfield

I would like to thank your firm for the support and compassion shown while dealing with my matter.

C.M., Brisbane

You, guys, provide extraordinary service.

A.O., North Brisbane
If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
C.W., Brookfield

My solicitor is a good listener. My documentation maintained the high moral ground.

S.S., Hamilton
Amy, thank you for all that you have done during this matter. You impressed me with your professionalism from our initial meeting, and you have proven beyond doubt, to have had the skills and knowledge required. You are a credit to the company, and I would highly recommend you to anyone in a similar situation.
R.P., Cleveland
Many thanks for your assistance – life is now great – I’m moving on.
J.K., Mansfield
I was impressed by my solicitor’s attention to detail and her concern for me, and that the process was explained to me and that I understood it at all times.
B.W., Chapel Hill

Your staff is knowledgeable, professional and very calm.

A.C., Helensvale
My lawyer acted with professionalism in all her dealings with me and with the lawyer on the other side. I was always kept in the loop. I liked her approach. Thanks.
D.S., Coorparoo
I liked my solicitor keeping things as simple as possible.
S.M., Clayfield

Many thanks to Stephanie for her help and support through this time, I was incredibly impressed with her work.

L.K., North Lakes
Lovely to deal with and provides a balanced view in what are very difficult circumstances.
A.C., Morningside
Thank you for providing me with a professional yet empathetic approach to gain the best outcome for me. My solicitor was excellent in explaining the processes and in representing me in Court. You have great customer service!
T.V., Everton Park

I really liked the personable service by Michael Lynch Family Lawyers, the simple plain language you adopt and everyone’s patience.

A.O., Kedron
Amy’s work was extremely professional but above all she has a manner and wisdom in dealing with people under stress. I will be recommending your firm to anyone that requires assistance.
K.H., Augustine Heights

At Michael Lynch Family Lawyers I got professional and ‘no-nonsense’ advice, costs were within quoted amounts and my matter was resolved quickly – well done!

L.R., Ascot
The staff at Michael Lynch Family Lawyers were great. Everyone was fantastic, professional, understanding, caring and always communicated with me. I knew I was in good hands.
A.A., Eatons Hill

My lawyer was the most knowledgeable of all lawyers I spoke to when looking for a lawyer. Michael Lynch Family Lawyers showed professionalism.

R.R., Brighton

I have appreciated the way that you and the staff at your firm have handled my situation. I would especially like to mention the professional and caring way my lawyer conducted my case, I am deeply grateful and extremely happy with the results. I will be referring others to your service.

J.H., Wellington Point
Thank you, you placed my needs first, you were aware of the need to reach a final result and not get caught up in the personal issues of the other party.
S.L., Moranbah