Know your legal rights when it comes to spousal maintenance payments

Spousal Maintenance

Spousal maintenance is financial assistance for you or your partner which is distinct and separate to child support.

BBS Lawyers are able to provide you with practical and clear advice in relation to claims for spousal maintenance. This will include advice about the ‘pros and cons’ of pursuing spousal maintenance, the prospects of success and we will represent you in any negotiations or litigation. When determining the amount that should be paid, your individual needs and circumstances, the capacity of the other party and the income of both parties will be considered.

As a general rule, spousal maintenance will be payable when:

  • One party does not have the capacity to support themselves adequately from their income or other financial resources; and

  • The other party has the ability to provide financial support from their income and other funds that are within their control.