A divorce is always a difficult thing to go through, it begins with broken hearts and if it’s not handled with proper care it can end in broken lives. There are many cases in which one partner takes the lead in going to work and providing for the family while the other manages the home and takes care of the children. In the case of a divorce, it leaves one person who knows how to maintain a career and one who may lack in the skills needed to find suitable employment outside of the home, making it very difficult for them to survive alone!
In cases like these in Australia, a provision called spousal maintenance might be ordered by the Family Court or the Federal Circuit Court, requiring the payment of money earned from one ex-spouse to the other even after the divorce is finalized in order to help the receiving spouse to eventually gain financially independence. The provision provides them with sufficient money to live on while helping them study to gain the skills they need to enter the workforce themselves. Considering the ramifications for both parties, it’s highly recommended that a spousal maintenance lawyer be solicited to make sure the process remains fair.
Spousal maintenance is a legal obligation that comes into effect in situations where one spouse is unable to meet their basic financial needs following a separation or divorce and assists the lower-earning spouse in maintaining a reasonable standard of living. The duration and amount of spousal maintenance is based upon several factors, including assets, income, and the earning capacity of each spouse, as well as their age, health, and the standard of living the couple enjoyed during the relationship.
The courts take the following factors in regards to each spouse into account when deciding on spousal maintenance:
- Income
- Earning Capacity
- Property
- Financial Resources
- Physical and Mental Health
- Their Age
- Children Being Cared For
Spousal maintenance is a complex and challenging process which is why it is essential that both parties seek the advice of a lawyer to ensure that they pay or receive the appropriate amount of money. A lawyer who specializes in family law brings an expert knowledge of the law to the table, and can provide expert advice and guidance on all of the legal aspects involved in spousal maintenance.
If the divorcing couple can reach an agreement on spousal maintenance, a lawyer can help them negotiate a reasonable agreement that fairly meets the needs of both parties.