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Spousal Maintenance Lawyers in Melbourne

If you are eligible to receive spousal support, securing the right representation can help you and your family enjoy a swift and fair resolution that considers all parties.

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At Oxford Partners Lawyers, we provide professional legal assistance for spousal support inquiries. Our Melbourne-based alimony lawyers work with you to find spousal support solutions that work best for your family.

Whether you’re considering a separation or divorce, our experienced Family Lawyers here at Oxford Partners Lawyers can provide the support you need. Speak with us to secure legal assistance for your spousal support case today.

 

Expert services

From spousal maintenance advice to complex financial arrangements, our lawyers are specialists in navigating Spousal Support Matters.

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A team of family lawyers with decades of combined experience

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Our family lawyers approach spousal maintenance cases with dedicated care and a deep understanding of your unique circumstances.

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Partner with Melbourne’s trusted spousal maintenance specialists.

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Securing Mediation & Legal Support for Spousal Maintenance cases

In some spousal maintenance cases, you may be able to avoid court proceedings by utilising mediation services to reach an amicable agreement between both parties. In these instances, you may be able to save time and money on your spousal support case as well as our other Family Law services. If our Family Lawyers believe your spousal maintenance claim can be resolved via mediation, we’ll work with you to ensure you’re prepared for this process.

When generally handling spousal support claims, our team at Oxford Partners Lawyers will also help you to protect yourself, your assets and your income while working towards a resolution. Securing early legal advice is vital for ensuring the strongest and fairest outcome for your spousal maintenance claim. Rightfully, our aim is to achieve an outcome that meets the needs and requirements of both parties in as calm and productive a process as the situation allows.

Whether you’re looking for sound advice or effective strategies when working through the spousal maintenance claims process, it’s best to have the support of an experienced Family Lawyer. Our team takes the time to understand your case while helping you come to a bespoke solution that is suited to the needs of all parties.

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Eligibility Criteria to Qualify for Spousal Support

Under the Family Law Act of 1975, eligibility to receive spousal maintenance is dependent on multiple factors that the Court will need to consider across both parties. These factors include:

  • Income/available resources
  • Ability to work/earn an income
  • What is considered suitable as a living standard
  • Age
  • Health status
  • Whether the marriage has had an impact on either party’s ability to earn an income

The living status of dependents under the age of 18 will also be considered in this decision.

Speak with Spousal Maintenance Lawyers in the Melbourne CBD

Oxford Partners is conveniently situated on Little Lonsdale Street, nestled in the bustling centre of Melbourne’s CBD, just a stone’s throw away from Flagstaff Station. Our highly accessible office is open from 8:30am – 5:30 pm from Monday to Friday, with our experienced Family Lawyers available to take appointments at any time during these hours.

If you’d like to speak with our dedicated Family Lawyers about securing legal assistance for your spousal support case, simply contact us via our website or by calling (03) 9670 7577 to book your free initial 30 minute consultation today.

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At Oxford Partners, we take pride in ensuring all of our clients can enjoy strong representation and effective resolutions. See what our clients have to say about our services.

Understanding Spousal Maintenance in Australia

Under Australian Family Law, a person has a responsibility to financially assist their former spouse or de facto partner if that person cannot meet their own reasonable expenses from their personal income or assets. Internationally, this financial assistance is referred to as ‘alimony’, but in Australian, it is referred to under a different term: spousal maintenance.

Spousal maintenance effectively refers to financial support that is paid to a former partner in the event that they cannot support themselves and/or a dependent under the age of 18. Spousal maintenance is distinct from child support, which is financial support provided to cover expenses directly related to raising a child or children. In some cases, spousal support may be paid in addition to child support depending on the eligibility of parties involved.

Similar spousal maintenance agreements may be applicable in cases of de facto relationships. However, there will be different factors to be considered in terms of eligibility. In some circumstances and depending on these factors, you may be entitled to spousal or child maintenance.

Whether you’re in a marriage or de facto relationship and are looking to secure spousal maintenance during or after a separation or divorce, some of the factors that the Court will look at when determining your eligibility for spousal support include the income of your partner or spouse as well as their assets and liabilities. Other considerations that will be made when developing spousal maintenance agreements include your ability to work, your health, your own assets and liabilities and any other relevant factors that may affect your ability to earn. 

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Applying for Spousal Support: What’s Involved?

Parties seeking spousal maintenance can negotiate payments either “by consent” or by formal application to the Court. Spousal maintenance payments negotiated by consent can be formalised in Consent Orders or a Binding Financial Agreement.

If a spousal maintenance agreement cannot be negotiated between both parties, the party that’s seeking spousal support can make an application for a Consent Order to the Court. As part of this application, the applicant must demonstrate that they:

1) fulfil the eligibility criteria for receipt of spousal maintenance payments, and
2) that the other party has the financial capacity to pay.

Applicants must apply within 12 months of their Divorce Order taking effect; for de facto couples, applications must be filed within 2 years of the relationship breakdown. Those seeking to apply after these deadlines may request special leave for finalising their spousal maintenance agreement outside the allotted time frame for eligibility. This special leave can only be granted if the applicant can demonstrate that rejection of their application will result in financial hardship to themselves and any children resulting from that relationship that are under the applicant’s guardianship.

Payment Methods & Adjustments for Spousal Maintenance Agreements

Payments for spousal maintenance agreements can be paid either periodically or in lump sum payments. Payments may be adjusted depending on changes to the earning capacity of either parties. For instance, if the party that’s paying spousal maintenance reduces their work hours for health reasons or to enrol in a course of study, payments may be adjusted or cease depending on the impact to their earning potential.
Spousal maintenance payments typically cease on the date that an applicant marries again or enters into a new de facto relationship and no longer requires financial support from their former partner.

Spousal Maintenance FAQ

What does spousal maintenance cover?
Spousal maintenance is designed to cover reasonable routine expenses (i.e. utility bills, mortgage repayments/rent) that a party may not be able to cover as a result of a reduced earning potential caused by or following the dissolution of a marriage or de facto relationship.
How is spousal maintenance calculated?
Spousal maintenance is calculated by conducting a needs and capacity analysis to determine the applicant’s financial needs in proportion to the other party’s capacity to make the requested payments.
How long do spousal maintenance payments last?
Spousal maintenance agreements are typically paid on an interim basis and often conclude either upon the finalisation of a property settlement or once the spousal support recipient is able to obtain employment that enables them to manage their personal expenses.
Can spousal maintenance be backdated?
Spousal maintenance payments can be backdated if the Court has ruled that the applicant was in need of financial support from that date onwards.
Does spousal maintenance apply to de facto couples?
De facto couples can also apply for spousal maintenance. The only difference is that whilst divorced couples are required to apply within 12 months of their divorce, applicants that were in a de facto relationship can apply within 24 months of their date of separation.