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Discover the intricacies of spousal maintenance with divorce in Australia

Breaking up a marriage after living with your partner for a while can be the most terrible experience. However, deciding to end everything legally is a more mature step. It gives clarity to both parties about their future. It becomes essential if kids are also involved. You must have heard a lot of stories about how divorce cases proceed. Topics like parental responsibilities and asset allocation may have caught your attention. You may also know about alimony, which is common in America. In Australia, spousal support or maintenance is a common thing. Spousal maintenance refers to determining a specific amount to be given to the other partner based on the individual circumstances. However, this kind of financial support can be extended even when the relationship is ongoing.

What are the eligibility criteria for this? Married couples can claim it, and those who are not married can also apply. Although one doesn't need a lawyer's help with the application, you may want to engage one to make this process simple and beneficial. Strategic Lawyers' family law advocates can help in these matters. Before seeking legal assistance, let's quickly understand this concept of spousal maintenance first.

Spousal Maintenance 

It is a financial aid extended by one spouse to another. Please don't mix this with child support or property division. Couples rarely know who can be eligible for support and how to approach this system. Typically, the court orders the person to pay a certain amount to their married or separated partner after receiving the application. Also, even someone in a de facto relationship can claim an amount. As hinted above, a spouse or partner can apply for this type of financial support even during their marriage or relationship under the Family Law Act 1975. However, it can be granted if the person cannot handle their needs sufficiently.

How does the process work?

One has to establish that they need support and that the other party can reasonably meet the demand. Reasons for application have to be valid, such as child care (the kid must be less than 18 years old, and this also affects earning power), old age, mental or physical barriers, etc. Remember, it is a legal process. Applying is just one step. You cannot expect to receive continuous payment from the other person after you have submitted your request. The court will decide after considering the unique situation. The experts will check each party's age, health, income, financial resources, living standards, reasonable expenses, duration of the relationship and its impact on the earning power of each party, etc. 

If you consult a family lawyer, you can make your application more convincing by stating reasonable scenarios. At the same time, they can help you submit your paper on time. After all, there is a time limit to this. Generally, married people can seek spousal maintenance whenever they want. However, if you have divorced your partner, you must apply for it within a year. Someone in a de facto relationship and separated gets two years to apply for this.

Additional Information

Once you've submitted your application, the court will meticulously assess your situation alongside that of your former partner. Factors such as each party's age, health, income, financial resources, living standards, and reasonable expenses will be carefully scrutinized. Additionally, the duration of the relationship and its impact on the earning potential of both parties will be taken into account.

Seeking assistance from a family lawyer can significantly enhance the strength of your application. They can help you present compelling arguments and ensure that all necessary paperwork is submitted correctly and on time. Given that there are specific time limits for filing, it's crucial to act promptly. Typically, married individuals can seek spousal maintenance at any time, but those who have gone through divorce must apply within a year of the divorce being finalized. For individuals in de facto relationships who are separated, the window for application extends to two years.

Navigating the complexities of spousal maintenance can be challenging, but with the right legal guidance and understanding of the process, you can pursue the financial support you need with confidence. At Strategic Lawyers, our experienced family law advocates are here to provide you with the support and guidance you require throughout this process. Don't hesitate to reach out to us for assistance tailored to your unique circumstances.