Spousal maintenance

In some situations orders or agreements can be made to provide financial maintenance to their spouse.  Maintenance can be provided in a lump sum form, or in periodic payments (i.e weekly or monthly payments).

Maintenance applications can be made by parties to a marriage or a de facto relationship that has broken down.

The Family Law Act (1975) provides that maintenance many be considered appropriate where one spouse has a need for maintenance to meet their necessary expenses and the other spouse has the capacity to provide maintenance. 

In most circumstances maintenance orders or agreements are intended to be short term arrangements, in place until a final financial settlement has been effected.   In more limited circumstances, permanent or long term maintenance arrangements can be implemented.

Adult child maintenance

An adult child (i.e. over the age of 18 years) or the parent of an adult child can make an application for maintenance by a parent if:

• the child is completing a course of secondary or tertiary education
• has a serious illness
• has a physical or mental incapacity

To successfully apply for adult child maintenance, you must be able to provide evidence that the adult child requires maintenance to meet their reasonably necessary expenses and the parent has the means and capacity to provide maintenance payments.

Please schedule an appointment at our office with an experienced family lawyer to receive advice about your situation.