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Spousal Maintenance: What is it and who is eligible to apply for it - YouTube
Channel: Go To Court Lawyers
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Spousal Maintenance
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If you have separated or divorced from a spouse
or partner who was financially supporting
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you during your relationship, then you may
be entitled to apply to have that financial
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support continue after separation by way of
spousal maintenance.
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Spousal Maintenance refers to payments made
by one spouse or partner to their former spouse
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or partner where that person is unable to
adequately provide for themselves.
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The payments can be made periodically or as
a lump sum payment, depending upon which method
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suits the parties involved.
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If you are able to come to a private arrangement
with your former spouse or partner regarding
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maintenance payments, then you are able to
include terms to that effect in financial
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consent orders along with your other property
settlement arrangements.
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The orders are then approved by the Family
Court and become binding.
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If you are not able to come to an agreement
regarding the payment of spousal maintenance,
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then you may be able to apply to the Family
Court for orders granting you payment.
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You may be entitled to spousal maintenance
payments if:
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- you were married and have now separated
or divorced, or
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- you were in a de facto relationship which
ended on or after 1 March 2009.
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Historically, the law relating to property
and financial settlements for de facto couples
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has fallen within the ambit of the states
and territories, most of which did not allow
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for maintenance claims.
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However, most jurisdictions have now relinquished
their powers and passed laws so that property
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settlements for de facto partners fall under
the same Commonwealth laws, and grant the
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same rights and obligations, as for married
partners.
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Laws granting de facto couples the right to
apply for spousal maintenance came into effect
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in most Australian States on 1 March 2009.
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In South Australia, the laws commenced on
1 July 2010.
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Now, the Family Court may grant an order for
spousal maintenance for you if you can show
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either:
- the relationship lasted for at least 2 years,
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or
- you have a child together, or
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- a significant financial contribution was
made to the other partner’s property during
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the relationship and should be accounted for,
or
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- your relationship was registered, if required
(registration is permitted in Queensland,
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New South Wales, Victoria, ACT and Tasmania).
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You must also be able to establish that your
relationship was in fact a ‘de facto’
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partnership, by demonstrating that you lived
together with your former partner on a ‘genuine
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domestic basis’.
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The court will consider a wide range of factors,
such as:
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- whether you were financially interdependent
- your living arrangements
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- arrangements for the care of children, and
- the duration of the relationship.
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The laws relating to de facto relationships
and spousal maintenance apply to both same
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sex and opposite sex couples equally.
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They also apply to multi-relationships, which
recognise that a person may be in more than
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one de facto relationship, or a marriage and
de facto relationship.
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Further information about de facto property
laws, which include provision for spousal
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maintenance, can be obtained from the Family
Relationships Australia site.
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When deciding the amount to be paid to a dependant
marriage or de facto partner, the Court will
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consider how much financial support you need,
and weigh that against your former spouse’s
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ability to make payments.
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The court will also have regard to:
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- your age, health, income and working ability
- whether the relationship affected your ability
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to earn an income
- whether the children of the relationship
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reside with you, and
- any child support arrangements.
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If you are seeking to apply to the Family
Court for a spousal maintenance order, then
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you must do so within prescribed time limits.
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If you were married, you must apply within
1 year from the date of finalisation of your
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divorce.
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If you were in a de facto relationship, you
must apply within 2 years from the date the
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relationship ended.
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You can apply out of time only in special
circumstances and should seek legal advice
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if you intend to do so.
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Spousal maintenance payments will end if:
- you remarry, or
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- you no longer require financial assistance,
either because you have commenced a new de
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facto relationship which provides sufficient
financial resources, or your employment prospects
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improve, or
- your child care responsibilities have changed.
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An application will need to be made to the
Family Court to have maintenance payments
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varied or ended.
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If you or someone you know has questions about
spousal maintenance and would like further
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information about how the law applies to you,
Go To Court Lawyers operate a Legal Hotline
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on 1300 636 846 where you can talk directly
to a lawyer 7am - midnight, 7 days/week.
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Your call will be treated with the strictest
confidentiality and without judgement.
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The lawyer will assess your matter and recommend
a course of action.
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Should you need a lawyer, even if it is at
very short notice, the Legal Hotline staff
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will be able to arrange legal representation
for you.
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You can also request a call back via the website
gotocourt.com.au and a lawyer will call you
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back to assess your matter.
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