A spouse or de facto partner may claim spousal maintenance if they cannot adequately support themselves financially. This includes those who are unemployed, underemployed, caring for children, or experiencing health issues. The Court considers income, assets, and reasonable living needs when assessing claims.
Financial support after separation.
Spousal maintenance ensures one partner can receive financial support following separation or divorce..
We help you understand your rights and obligations, so you can secure or provide support fairly and confidently. We focus on practical, legally sound solutions that reduce conflict and protect your long-term financial well-being. You can rely on us for clear guidance, negotiation, and court representation when needed.
What is spousal maintenance?
Spousal maintenance is designed to help a spouse or de facto partner who cannot adequately support themselves after a separation or divorce. It considers income, earning capacity, health, caring responsibilities, and the standard of living during the relationship.
Disputes may arise when one party believes the support offered is insufficient, or when there is disagreement about obligations. Our team assists clients with negotiating fair agreements, preparing court applications, and resolving disputes efficiently.
We’re here to help
Moore Lawyers provide tailored advice on eligibility, realistic maintenance amounts, and negotiation strategies. We can help prepare applications for spousal maintenance, draft agreements, or represent clients in Family Court if disputes cannot be resolved amicably.
We offer ongoing guidance to ensure arrangements remain appropriate over time, assisting with variations or disputes if circumstances change. Our goal is to provide clarity, protect your interests, and help you secure financial security for the future.
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Frequently asked
questions
Who can claim spousal maintenance?
How is spousal maintenance calculated?
Property division considers factors such as each party’s financial and non-financial contributions, future needs, and the length of the relationship. The goal is a fair and equitable outcome, not necessarily an equal split. We can help you negotiate settlements or represent you in court if an agreement cannot be reached.There is no fixed formula. The Court considers the parties’ income, earning capacity, property, and expenses, as well as the standard of living during the relationship. Our team helps assess these factors and negotiate fair maintenance amounts tailored to your circumstances.
Can spousal maintenance be changed or stopped?
Yes, maintenance orders or agreements can be varied if circumstances change, such as a change in income, employment, or care responsibilities. We can help apply for modifications or terminate obligations when appropriate, ensuring compliance with legal requirements.
Do I need a lawyer to apply for maintenance?
While you can technically apply without a lawyer, legal advice is strongly recommended. Proper representation ensures your rights are protected, your application is correctly prepared, and negotiations are handled effectively. Moore Lawyers provide expert guidance and representation to achieve the best possible outcome.