Maintenance Claims

Spousal maintenance is payment made from one spouse to another every month as part of your financial settlement upon Divorce. This is not the same as child maintenance, which can also be paid as part of your financial agreement to cover living costs for any children from the marriage.

If one spouse has been financially reliant upon another during the marriage, and particularly if the couple were married for a long time, that spouse may be able to claim entitlement to spousal maintenance on the basis that they cannot financially support themselves.

The Courts will look to ensure that each spouse is able to maintain the same standard of living following the Divorce. Often, in long-term marriages, one spouse may have stayed at home or earned less because they took primary responsibility for raising children while the other spouse went to work. In this case, the Courts would look to ensure that the spouse who stayed at home is not left destitute following the Divorce and is able to obtain the same standard of living.

The amount of spousal maintenance can be agreed between you and your ex, or if you cannot agree, ordered by the Courts. The agreement will outline how much maintenance is payable, how long the maintenance is paid for, and whether it will be paid in instalments, such as every month, or as a lump sum upon Divorce.

Our expert family law team is experienced in negotiating on behalf of our clients in order to provide a fair outcome. If you would like to discuss spousal maintenance in confidence with a member of our team, get in touch today.