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The Family Law Act imposes an obligation on a person to financially assist their spouse if the spouse’s personal income or assets cannot meet their own reasonable expenses. This is called spousal maintenance. Importantly, the other party will only have to pay spousal maintenance if they have the capacity to provide that support.
An agreement is often reached in relation to spousal maintenance where one person will provide continuing financial support to the other after the breakdown of the marriage or de facto relationship.
You should try to resolve the issue of spousal maintenance before going to court. However, if you cannot reach an agreement, you can apply to the Court for an Order for spousal maintenance. This is often done at the same time as a property settlement.
