Spousal maintenance is financial support provided by one party to a marriage or de facto relationship, to the other party, in circumstances where there is:
- A need for financial assistance by that party;
- An inability by that party to provide for their own financial needs (in part or in whole);
- The financial capacity of the other party to assist in the provision of the applicant’s financial need.
It is common, but not universal, that spousal maintenance orders are made for a limited duration, typically to enable one party time to retrain and obtain suitable employment so that they can support themselves.
Spousal maintenance must also be considered in light of any application for property adjustment orders, as an order for one may impact an order for the other. This is an area that should be discussed with your family law specialist.
