A consequence of being married is the entitlement of parties to seek ongoing financial support from each other. “Spousal Maintenance”, as it is referred to, is a payment (or other benefit) received by a party in need of support from the other party, who must have a capacity to provide support. This is distinct from, but related to, property settlement.

As a result of recent legislative changes in Western Australia, these rights now extend to parties in a defacto relationship (including same sex couples).

O’Sullivan Davies can advise on your ability to claim, or to have a claim made against you, for spousal maintenance. Proceedings can be commenced to seek and enforce spousal maintenance orders.