Maintenance is financial support paid by one party to the other party in circumstances where a party is unable to adequately financially support themselves.
The 2 factors the Court takes into consideration when deciding on whether to make an order for maintenance are:
- whether the person applying for maintenance has a need for financial support; and
- whether the other party has a capacity to pay financial support.
Success in an application for maintenance will depend upon the factors of each individual case. If you are considering making an application for maintenance, or have had a claim for maintenance made on you, we can help you with advice and assistance in dealing with that situation.
NB Applications for spousal maintenance must be made within 12 months of a divorce order being made. For De Facto maintenance, an application must be made within 2 years from the date of separation. Outside of these times, the leave of the Court is required.
