In circumstances where a spouse is unable to adequately support himself or herself financially, one spouse may be ordered to maintain the other if they have the capacity. At Barclay Churchill, we are able to offer advice on whether you or your partner have a financial responsibility for the maintenance of the other.
In assessing whether an individual has the ability to support themselves, the court will often have reference to a number of considerations. These considerations include, but are not limited to, the applicant’s age, their physical and mental capacity for employment, and whether the applicant cares for a child of the marriage.
If the court finds that the spouse is unable to support himself or herself adequately, then a spousal maintenance order can be made. Typically, these orders will be made to only cover a particular period of time. This may be until the final division of property or until the spouse has completed a course of study and has re-entered the workforce. In addition to this, maintenance payments will usually end when the spouse has entered a new marriage or de facto relationship.
If you have any further questions regarding spousal maintenance or whether you may be eligible, please do not hesitate to contact our offices.