Can We Talk About My Alimony Payments?

By | December 17th, 2018|

In brief, no.

In Australia, parties who have separated can in certain circumstances apply for spousal maintenance.  That is simply the provision of financial support to a former partner in circumstances where the receiving partner has a need and the paying partner has the capacity to make the payments.

It seems these payments are not as rare as they once were.  Obligation can arise in circumstances where one party has remained at home throughout the marriage managing the family home and parenting, and so does not have the capacity to earn an income.

Situations can also arise where a party has been ill, unable to work, or has become deskilled or unemployable as a consequence of remaining out of the workforce.

The Court has to consider, among other things, the age and health of the parties, their financial circumstances, their capacity to work, the standard of living before and after separation, and whether the relationship affected working capacity.

There are time limits for bringing an application for spousal maintenance, so it is important to obtain expert family law advice.

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