SPOUSAL MAINTENANCE

When we enter into a marriage, or a de facto relationship in certain circumstances, a spouse may be liable to maintain the other in the event that their marriage or de facto relationship breaks down.

Spousal maintenance is when one person provides ongoing financial support for their former partner. The Court can make an Order for one party to pay “spousal maintenance” to the other if, and only if –

• one spouse is unable to adequately meet his or her own reasonable needs; and
• the other spouse has the capacity to pay.

Spousal maintenance is not child support. Child support is paid for the benefit of children. The Court can order a party to pay spousal maintenance in addition to any child support they may be required to pay.

If you watch American television shows or Hollywood movies, you might have heard spousal maintenance referred to as “alimony”.