Spousal Maintenance
What is Spousal Maintenance?
Spousal maintenance, also known as alimony or spousal support, is a legal obligation for one spouse to provide financial support to the other spouse after separation or divorce. It is designed to address disparities in income and living standards between the spouses.
Eligibility for Spousal Maintenance
To be eligible for spousal maintenance, one spouse must demonstrate a need for financial support and the other spouse must have the capacity to provide such support. Factors such as income, earning capacity, age, health, and care responsibilities are considered in determining eligibility.
Types of Spousal Maintenance
There are two main types of spousal maintenance:
- Interim Maintenance: Temporary financial support provided during the separation or divorce proceedings.
- Final Maintenance: Ongoing financial support awarded as part of the final divorce settlement.
Frequently Asked Questions
1. How is spousal maintenance calculated?
Spousal maintenance is calculated based on various factors including the income and financial needs of both spouses, the length of the marriage, and any care responsibilities. It is important to seek legal advice to understand how spousal maintenance may be calculated in your specific situation.
2. Can spousal maintenance be changed?
Spousal maintenance orders can be varied or terminated based on changes in circumstances such as a change in income, employment status, or living arrangements. It is advisable to consult with a family law solicitor to discuss any changes to spousal maintenance.
3. What if my former spouse refuses to pay spousal maintenance?
If your former spouse refuses to pay spousal maintenance as ordered by the court, you may need to seek enforcement through legal channels. A family law solicitor can assist you in taking the necessary steps to enforce spousal maintenance payments.
For client-focused legal advice and representation on spousal maintenance matters, contact Wright Street Lawyers in Adelaide, South Australia today.
Wright Street Lawyers
Specialising in family law, estate planning, probate, and criminal defense.
