Spousal maintenance is an essential, yet often misunderstood aspect of family law in Australia. While many people assume that divorce or separation leads to a clean financial break, this is not always the case.
The issue of ongoing financial support — commonly referred to as spousal maintenance — continues to play a crucial role in the lives of separated spouses, especially in areas like Campbelltown, where local economic and social factors come into play.
In the following article, let’s take a look at the untold stories of spousal maintenance in Campbelltown and how we at Gryphon Lawyers can help you with your divorce matter.
What is Spousal Maintenance?
Spousal maintenance is financial support provided by one spouse to the other after separation or divorce. This arrangement is designed to help the lower-earning spouse, or the spouse unable to support themselves, maintain a reasonable standard of living.
Under the Family Law Act 1975, the Australian courts can order spousal maintenance to be paid if one spouse cannot meet their own financial needs, and the other has the capacity to provide assistance.
This legal framework applies to both married and de facto relationships. In Campbelltown, where local family courts often see a range of complex family dynamics, spousal maintenance orders are particularly important in ensuring that financial burdens are balanced fairly post-separation.
For more information on spousal maintenance in Australia, read this resource on Federal Circuit and Family Court of Australia.
Key Factors Considered by Courts
When deciding whether spousal maintenance is required, the court looks at several factors, including:
- Age and health of both spouses.
- Income and financial resources, including any property owned.
- Ability to earn an income, especially if one spouse sacrificed career opportunities for family care.
- Responsibilities of caring for children, as the primary caregiver may have reduced earning capacity.
- Standard of living during the relationship, which should be reasonably maintained post-separation.
The example below highlights how spousal maintenance can sometimes be a long-term arrangement.
A spouse aged 69 who had been out of the workforce for years due to family responsibilities found herself needing financial support after her pension entitlements changed.
Despite the spouse’s ex-husband having remarried and moved on, the court considered her inability to support herself as a valid reason to extend spousal maintenance, despite a prior settlement agreement.
Emotional and Financial Challenges of Spousal Maintenance
For many in Campbelltown, spousal maintenance represents more than just financial support – it is a lifeline during one of the most emotionally challenging periods of life.
Spouses may feel a sense of dependency, which can be difficult to reconcile with their desire for independence post-divorce. Additionally, the paying spouse might feel that maintenance orders impose an unfair financial burden long after the relationship has ended.
However, spousal maintenance is crucial in cases where one party has dedicated significant years to child-rearing or sacrificed career growth for the benefit of the family. These cases are common in the Campbelltown community, where family structures often adhere to traditional roles.
Seeking Legal Advice in Campbelltown
Undertaking the complexities of spousal maintenance can be overwhelming, especially when coupled with the emotional strain of separation. Whether you are considering applying for spousal maintenance or are required to provide it, expert legal advice is crucial.
At Gryphon Lawyers, we specialise in family law and provide compassionate, expert guidance to individuals in Campbelltown. We understand the unique challenges faced by separated spouses in the area, from financial hardship to the emotional complexities of maintaining a fair post-relationship balance.
Find out more about our divorce law services.
Contact us today to schedule a consultation and find out how we can assist you with spousal maintenance and other family law matters.