An application can be made by one spouse for support from his/her ex partner after separation. This is different to child support.
The relevant sections of the Family Law Act are ss 72 and 75 (2).
If a party cannot support him/herself an application to Court can be made for spousal maintenance. Considerations include:
- Whether there is a child of the marriage under 18
- Whether the applicant has a disability and cannot obtain gainful employment because of this
An application for spousal maintenance can be made as part of a property settlement application but does not have to be.
Maleys will be able to provide you with advice, assistance and representation if you wish to:
- apply for spousal maintenance or
- defend a claim for spousal maintenance if an application is made against you.