If your relationship with your partner breaks down, you may be able to claim spousal maintenance from your ex-partner to cover your living expenses provided that you could demonstrate that you need financial support and your ex-partner has the ability to support you financially. Generally spousal maintenance is paid prior to financial settlement between the parties, however, in some situations it may still be possible for you to receive spousal maintenance even after financial settlement has been made.
For married couple the time limit to apply for spousal maintenance is within 12 months of the divorce becoming final and for couple in a de facto relationship the time limit is 2 years from the date of separation.
Every situation is unique and your entitlement to receive spousal maintenance depends on your circumstances. The court would look at whether you are caring for the child of the relationship, and whether your ability to get back to work has been significantly compromised because of your long-term relationship with your ex-partner. The court will also look at your ex-partner’s ability to support yourself. If successful, spousal maintenance could be paid periodically, or a lump sum payment can be made. Sometimes the court may order your ex-partner to pay for your mortgage repayments, medical expenses etc.
For your spousal maintenance it is a great idea to approach court with a definite future plan showing your intention to get back to work after going through some sort of training enhancing your skills. As It is a very complex area of family law, if you are considering your options to receiving spousal maintenance it is highly recommended that you get appropriate legal advice.
If you need professional assistance in relation to your family law matter, you could contact us on (02) 8379 1811 or email: email@example.com