Divorce is near the top of life’s five biggest stressors. It’s a painful experience, it’s emotional, and even if it’s amicable, that separation is a major life change. 

Your support system during life changes needs to be solid, and you need to rely on people you can trust to look after your best interests. That’s especially important if your emotions are everywhere and you may not be thinking clearly. Spousal support is an important part of the process, and you need to understand what you’re entitled to and what you should accept.

AJB Stevens Divorce Lawyers in Sydney specialise in matters of family law. If you are separated and going through a divorce, we can help you navigate the process and ensure you get a fair deal. 

What is Spousal Support?

Following separation, spousal support in Australia provides financial assistance. If a de facto partner or spouse cannot meet their financial obligations following a separation, the onus is on the other party to meet those needs or obligations. 

There are various factors the court will consider as laid out by the Family Law Act 1975. The court will consider age, health, income, property holdings, financial resources, ability to work, how the marriage impacts income, and standard of living. For example, if a spouse gave up their career to raise children and relied on their partner for their financial needs, this would weigh more heavily in the outcome than someone who was an equal earner. 

Types of Spousal Support

Periodic 

A periodic spousal maintenance payment can be ordered if the court determines a need for it. This payment is made for a specific period of time until the receiver is capable of meeting their own reasonable living expenses. 

An ongoing payment with no end date is a rarity and is generally reserved for a receiver with a physical or mental disability. Or someone acting as the primary caregiver for dependent children. However, spousal and child support are separate and distinct payments and processes. 

Lump Sum 

A lump sum spousal support payment is preferred when the payer cannot make continued payments, whether ongoing or periodic. It is the receiver’s responsibility to utilise the payment for reasonable living expenses. If they are misused, the court will not consider further payments. 

Interim

An interim spousal maintenance payment is common when one party needs financial assistance in the immediate aftermath of a breakup. The receiver must prove they are unable to meet their reasonable living expenses and that the payer can. 

This type of spousal support is temporary until the separation or divorce is fully resolved.

Urgent

An application for urgent spousal maintenance can be made if the receiver is in immediate need. There is no need for in-depth evidence to receive urgent spousal support – the need for financial assistance is so pressing that there is no time for evidence. 

Spousal support isn’t typically a permanent situation – the purpose of it is to provide financial assistance for a set period of time. 

Entitlement to Spousal Support?

If you cannot adequately support yourself following the breakdown of your marriage or de facto relationship, then there is a good chance you are entitled to receive spousal support. As well as a need for financial support, it depends on whether the payer has the financial capacity and the ability to support the receiver. 

If there a Binding Financial Agreement is in place, this would take precedence. However, there are strict regulations that regulate BFA’s, and yours may not be valid. It’s best to discuss this with your lawyer if you have any concerns. 

Calculating Spousal Support

Incoming and holdings are the overriding factors in determining spousal support calculations. While the court has ultimate discretion, the assigned judge will consider the incomes of both parties, earning capacity, and existing financial resources. The court will also factor in reasonable living expenses and standard of living to calculate a fair payment. 

Modifying or Terminating Spousal Support

Typically, the court will assign an end date for spousal support. If the payer believes there have been significant changes in the receiver’s financial situation, they can apply for a modification. 

If a party experiences a change in circumstances, they can petition the court for a modification to spousal support. If a party remarries, for example, this would be considered a valid reason for a modification. So would a job loss or drastic change of income. 

Call AJB Stevens Divorce Lawyers

Spousal support is a part of the legal process for many divorcing parties. Situations where one party receives large payments every month indefinitely are. The court will seek to ensure both parties have the financial means necessary to meet reasonable living expenses. Your financial circumstances will factor into the process, and nobody will be forced to pay more than they can realistically afford. 

If you’re going through a divorce in Australia, the sooner you hire reputable Divorce Lawyers, the better. Our team can provide personalised assistance that caters to your precise needs and offers advice that makes sense for your situation. We will always fight for your rights and provide emotional support as you navigate a difficult time.