Spousal Maintenance

 

A spousal maintenance case in family law typically involves a determination of whether one spouse is entitled to receive financial support from the other spouse and, if so, how much and for how long.

To determine whether spousal maintenance is appropriate, the court will consider a range of factors, including:

  • the financial resources and earning capacity of each spouse;
  • the age and health of each spouse;
  • the duration of the marriage or de facto relationship;
  • the standard of living established during the marriage or de facto relationship;
  • the care of children under the age of 18;
  • any other relevant factors.

If the Court determines that one spouse is entitled to receive spousal maintenance, it will consider the appropriate amount and duration of the maintenance payments. This may involve considering the financial needs of the recipient spouse, the ability of the paying spouse to meet those needs, and any other relevant factors.

Spousal maintenance cases can be complex. We can help you understand your legal rights and obligations, negotiate a fair and reasonable spousal maintenance arrangement, and provide representation in court proceedings if necessary.

It is important to note that spousal maintenance is not an automatic entitlement, and each case will be determined based on its individual circumstances. If you are considering pursuing spousal maintenance or are facing a spousal maintenance claim, contact our office to speak with one of our family lawyers today.