Spousal maintenance lawyers, South Australia

What is spousal maintenance under Australian family law?

Under Australian family law, spousal maintenance refers to financial support paid by one former partner to the other. However, the law does not require spousal maintenance simply because a relationship has ended. Instead, the focus is on need and capacity.

Specifically, the person seeking maintenance must be unable to adequately support themselves, while the other party must have the financial capacity to provide assistance. Consequently, spousal maintenance depends heavily on individual circumstances rather than fixed rules.

When spousal maintenance may apply

Spousal maintenance may become relevant in a range of situations. For example, it may apply where one party has been out of the workforce due to caring responsibilities, illness, or age-related factors. Similarly, it may arise where there is a significant income disparity following separation.

However, spousal maintenance is not intended to provide long-term financial dependence. Therefore, courts often consider whether financial support is required temporarily, while the receiving party works toward financial independence. As a result, outcomes vary widely depending on the facts of each case.

Spousal maintenance after separation or divorce

Spousal maintenance can be considered both after separation and after divorce. Importantly, divorce is not a prerequisite. Nevertheless, time limits may apply, particularly after divorce, which makes early legal advice critical.

Therefore, we help clients understand how timing affects spousal maintenance entitlements and obligations. Moreover, early advice allows spousal maintenance to be considered alongside property settlement, reducing the risk of inconsistent or incomplete arrangements.

How spousal maintenance is assessed

When assessing spousal maintenance, several factors may be considered. These include income, earning capacity, age, health, care of children, and the standard of living during the relationship.

Importantly, the assessment is not formula-based. Instead, it requires careful evaluation of both parties’ financial positions. Consequently, clear financial disclosure and accurate information are essential. We guide clients through this process so assessments remain realistic and grounded in evidence.

Temporary and urgent spousal maintenance

In some circumstances, urgent or interim spousal maintenance may be required. For example, one party may require immediate financial support to meet basic living expenses following separation.

Accordingly, we assist clients in understanding what options may be available in urgent situations. Moreover, early intervention can help stabilise financial arrangements while longer-term matters are resolved. As a result, clients are better positioned to manage the transition following separation.

Spousal maintenance and property settlement

Spousal maintenance is often closely linked to property settlement. Therefore, it should not be considered in isolation. Decisions made in one area can directly affect outcomes in the other.

For this reason, we take a holistic approach. By considering spousal maintenance alongside property settlement, we help clients achieve arrangements that are balanced, practical, and legally sound. Ultimately, this approach reduces the risk of future disputes.

Formalising spousal maintenance arrangements

Spousal maintenance arrangements can be informal; however, informal arrangements may create uncertainty. Over time, this can lead to disputes if circumstances change.

Therefore, we explain options for formalising spousal maintenance arrangements where appropriate. Formalisation provides clarity, enforceability, and certainty for both parties. Consequently, clients gain confidence that arrangements are legally recognised and properly documented.

Disputes relating to spousal maintenance

Disputes may arise where parties disagree about financial need, capacity to pay, or the duration of support. When this occurs, emotions can escalate quickly, making resolution more difficult.

Accordingly, we assist clients in navigating disputes constructively. Whether through negotiation or formal processes, our focus remains on clarity, compliance, and proportionate outcomes. As a result, many matters resolve without unnecessary escalation.

How Awkar & Co can assist with spousal maintenance

We assist clients with a wide range of spousal maintenance matters, including:

• Advice on eligibility and obligations

• Interim and urgent spousal maintenance issues

• Interaction between spousal maintenance and property settlement

• Negotiation and dispute resolution

• Formalising spousal maintenance arrangements

Because family law is our only focus, our advice reflects both legal principles and real-world considerations. Importantly, we tailor guidance to your individual circumstances rather than applying generic assumptions.

A personalised approach to financial support matters

At Awkar & Co, spousal maintenance matters are handled by a small, dedicated team. Consequently, clients benefit from consistent communication and advice from people who understand their situation from start to finish.

Based in Norwood, we assist clients across South Australia and offer remote consultations where appropriate. Ultimately, our goal is to provide clarity, reduce financial uncertainty, and support sustainable outcomes.

Speak with a spousal maintenance lawyer in Norwood

If you need advice about spousal maintenance following separation or divorce, contact Awkar & Co to request a confidential appointment. We will help you understand your options and identify appropriate next steps.

Phone: (08) 8263 2444
Email: office@awkarco.com.au