Spousal Maintenance

The financial support that one party to a marriage or de facto relationship may be required to continue to provide to the other party, after their marriage or de facto relationship has broken down is known as Spousal Maintenance. A consequence of being married is the entitlement of parties to seek ongoing financial support from each other. Western Australian law now extends these rights to parties in a de facto relationship including same sex couples.

Kavanagh Lawyers can provide prompt and professional legal advice to help separated or divorced couples deal with the issue of spousal maintenance.

Potentially, each party to a marriage or de facto relationship may be liable to pay spousal maintenance after separation.

Why do I have to pay Spousal Maintenance?

The Family Court has the power to order one party to pay spousal maintenance to the other party if and only if –

• one person is unable to support himself or herself adequately; and
• the other person is reasonably able to provide such support.

The obligation to pay spousal maintenance survives divorce and specific time limits apply. Spousal maintenance obligations are additional to child support obligations. However, this is a complex area of law and the facts of your case will be unique to you. It is important to obtain professional advice as quickly as possible.

Next Steps

• Call Kavanagh Lawyers on (08) 6557 5888 and speak to one of our lawyers.