SPOUSE & DE FACTO SPOUSE MAINTENANCE
Am I Eligible/How Much Can I Get?
Spousal maintenance can be paid periodically, as a lump sum or directly towards various living costs such as the payment of a mortgage or car repayments. There is no starting point or prescribed formula when it comes to determining the appropriate amount to be paid by way of spousal maintenance.
In coming to a decision, the court will examine:
- the parties’ financial positions,
- whether the party seeking the financial assistance has a genuine need,
- whether the other party has the capacity to assist the other party and
- whether it will be just and equitable in all of the circumstances to make an order.
In determining the need of one party, the court will look at parties’ weekly income, outgoings and expenditure, such as on groceries, electricity and general day-to-day living costs. Conversely, the court will also consider the other party’s income, outgoings and expenditure in determining whether or not they have capacity to meet an order and how much should be paid.