OSD Presents…Handy Hints (36)

Spousal maintenance or de facto partner maintenance is not automatic and there is no one size fits all calculation available.

A party is liable to maintain the other party to the extent that the first mentioned party is reasonably able to do so, if, and only if, that other party is unable to support herself or himself adequately whether by reason of having the care and control of a child who has not attained the age of 18 years, by reason of age or physical or mental incapacity for appropriate gainful employment, or for any other adequate reason having regard to any relevant matter referred to in subsection 75(2) of the Family Law Act.

If there is a dispute as to what a party’s capacity is or another party’s needs which cannot be resolved by dispute resolution, a Court can make an order for maintenance upon application of a party. Spousal and de facto partner maintenance should not be confused with child support or adult child maintenance which is dealt with under a separate regime.

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