Spousal Maintenance


It is not an uncommon occurrence that you may experience some financial hardships after separation or divorce. This is often experienced by individuals who have devoted most of their time in homemaking and caring for the children. Borchard and Moore are committed to help you in lessening the financial burdens you are facing by assisting you in making a claim for spousal maintenance. 


What is spousal maintenance?


Spousal maintenance is financial support paid in a lump sum or by instalments that one party is ordered to pay to the other party after their relationship has ended.


Am I entitled to spousal maintenance?


You may be entitled to spousal maintenance if you are unable to adequately support yourself because your time is devoted to the care of your minor children (below 18 years old) or because your age or health condition renders you unable to work. The capacity to provide support by the other party is also considered.


Am I automatically entitled to spousal maintenance after separation?


No, you have to claim for spousal maintenance, which is usually made as part of the financial settlement. Spousal maintenance can be paid either by Court order or by agreement between you and your ex.


What are the factors considered by the court in determining the amount of spousal maintenance?


  • Your income, property, financial resources and debts

  • Your age and health conditions

  • Your ability to work, and whether this has been affected by the marriage

  • suitable standard of living

  • whether or not you are the primary carer of the children


Whether you are the one claiming or the one asked to provide spousal maintenance, Borchard and Moore will be there to assist you.


Email or call us now on (03) 9546 8155 to get expert legal advice.