Spousal Maintenance within Family Law Act in Australia

If you need the services of family lawyers to pursue or defend a claim for maintenance, Clive Mills & Associates on the lower North Shore of Sydney can help.

Are You Entitled to Spousal Maintenance?

The matters that the Court takes into account when determining whether a party is entitled to spousal maintenance are set out in section 75(2) of the Family Law Act, which relates to the parties’ respective needs, resources, the care of children and their earning capacities.

Section 72 of the Family Law Act 1975 states:

1. A party to a marriage is liable to maintain the other party, to the extent that the first mentioned party is reasonably able to do so, if, and only if, that other party is unable to support herself or himself adequately whether:
   • by reason of having the care and control of a child of the marriage who has not attained the age of 18 years;
   • by reason of age or physical or mental incapacity for appropriate gainful employment; or
   • for any other adequate reason;
   having regard to any relevant matter referred to in subsection 75(2) of Family Law Act.
2. The liability under subsection (1) of a bankrupt party to a marriage to maintain the other party may be satisfied, in whole or in part, by way of the transfer of vested bankruptcy property in relation to the bankrupt party if the court makes an order under this Part for the transfer.

Basically, a party to a marriage is obliged to provide maintenance to the other, in the event that the other party is unable to maintain himself or herself by reason of illness or physical disability or by reason of caring for a child or for any other compelling reason.

Two relevant factors under Family Law Act are:

needs on the part of the party claiming the spousal maintenance; and a

ability to pay on the part of the party from whom the spousal maintenance is being sought.

The matters that the Court takes into account when determining whether a party is entitled to spousal maintenance are set out in section 75(2) of the Family Law Act which relate to the parties’ respective needs, resources, the care of children and their earning capacities.

The respective rights of spouses to claim spousal maintenance can only be given up by the parties’ consent by entering a “Financial Agreement” complying strictly with the requirements of the Family Law Act 1975.

Contact Us

If you’d like legal help with your spousal maintenance claim, our family law solicitors can provide highly experienced legal services. Our family lawyers in Chatswood can provide guidance and legal representation to help you to resolve your legal issues. Call us on (02) 9906 8188 or send an email to cjm@cmalegal.com.au to enquire about our services.