Oxford Partners Lawyers provide professional legal advice for spousal & child maintenance
In some circumstances, you may be entitled to spousal or child maintenance. The court will look at many factors when considering if you are eligible for spousal maintenance, these include the income of your partner or spouse and their assets and liabilities. They will also look at your ability to work, your health, your assets and liabilities and any other factors that might be stopping you from working.
Put simply, spousal maintenance is financial support that is paid to a former marital partner in the event that they cannot support themselves and/or a dependant under the age of 18. Similar agreements may be applicable in cases of de facto relationships. However, there will be different factors to be considered in terms of eligibility.
Alimony and spousal maintenance actually refer to the same thing, though slightly different eligibility criteria may be in place for each based on location. Alimony as a term is often preferred in the United States, whilst spousal maintenance tends to be more widely used in Australia. So, when working within Australia, spousal maintenance will almost always be the working term.
When deciding on whether a person is eligible for spousal maintenance, there are multiple factors that a court will need to consider. These factors will be considered for both parties, and include:
The living status of dependants under the age of 18 will also be considered in this decision.
Spousal Maintenance can be quite stressful and complicated, therefore, obtaining professional legal advice earlier in the process can save you time, money and relationships along the way. Oxford Partners Lawyers are able to act in both the preventive and the contentious sphere and will try to resolve your matter through negotiation (if possible) before going to trial.
In order to receive maintenance from your partner, under the Family Law Act, you must demonstrate that:
When handling the process of spousal support claims, we at Oxford Partners will help you to protect yourself, your assets & your income while working towards a resolution. 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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We are available for conferences in person (ensuring appropriate social distancing is adhered to), by telephone or by email depending on your individual needs and circumstances.