Am I entitled to spousal maintenance?

By Skye Wylde

Family & Relationship Lawyer

Spousal maintenance is payable if there is a substantial difference in the incomes of the spouses as at the date of separation and is in addition to any property settlement or child support payments you may otherwise be entitled to.

A spouse has the right to maintenance to the extent that they can demonstrate a financial need and that other spouse is able to financially maintain them. Maintenance becomes particularly relevant if there are young children of the relationship, or if one party is out of work.

There is no prescribed formula for determining the amount of maintenance payable, instead the court will consider a range of factors such as the age, health and income of both parties, the length of the relationship and what is a reasonable standard of living, to name a few considerations.

If you believe you could be entitled to maintenance, it’s essential that you speak to a family lawyer to assess your entitlement, as time limits do apply.