Upon separation, parties may be entitled to obtain ongoing financial support in the form of spousal maintenance or de facto partner maintenance from each other. “Spousal Maintenance” or “De Facto Partner Maintenance” 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.
Spousal maintenance in Perth is also completely separate from child support.
Spousal maintenance can be paid pending the finalization of proceedings (interim orders) and in some circumstances can be paid as part of the finalization of proceedings (final orders). They can be paid periodically or in a lump sum.
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If you’re seeking legal advice on spousal maintenance or de facto partner maintenance in Perth,l our experienced lawyers at O’Sullivan Davies can advise on your ability to claim, or to respond to a claim made against you. For any spousal maintenance enquiries, contact our Perth law firm today on +61 8 9426 4711, or simply fill out the contact form below.
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Maintenance is a sum of money paid by one person (if they are reasonably able to do so) to the other person (if they cannot support themselves). It is commonly referred to as “alimony” in the USA.
Maintenance is a payment made for a partner or spouse only, and is not the same as child support (further information on child support above).
While a partner or spouse is liable to maintain the other party in certain circumstances, if there is no agreement to pay, there is no automatic formula or calculation that is applied. In certain circumstances, a party may need to apply to the Family Court for orders for maintenance if no agreement can be reached.