100% Locally Owned, Independent and Free

100% Locally Owned, Independent and Free

B2B column: Interim spousal maintenance and reasonable needs

Sponsored Content

Do you have a news tip? Click here to send to our news team.

Birth trauma change urged after ‘free birth’ inquiry

A coroner has called on the health system to recognise women's birth trauma after a baby girl suffered fatal complications during a home delivery. The More

Fatal shed fire sparks police investigation

Police are investigating after a man was found dead in Nambour on Tuesday night. Emergency services were called to a fire in a shed behind More

Group pushes for more shark drone patrols

A community group is calling for shark-spotting drones to patrol beaches every day. Oceans for All Noosa has urged the state government to expand its More

Region’s new biosecurity plan open for comment

A draft plan to help protect a shire from invasive plants, animals and emerging biosecurity threats is now open for community consultation. The Noosa Biosecurity More

Cellist to make Carnegie Hall debut

A former Montville schoolboy will fulfil a lifelong dream when he performs at one of the world's greatest music institutions. Cellist Sam Lucas is the More

Hardest place to leave: suburb is state’s most tightly held

A Sunshine Coast locality has the highest level of long-term home ownership in Queensland, with an average holding period approaching two decades. Battery Hill, a More

For parties involved in property proceedings, interim spousal maintenance can play a crucial role in ensuring financial stability, pending a final resolution.

For the court to make an order for interim spousal maintenance, the person seeking the maintenance must satisfy that: they have a maintenance need; and their former partner has the capacity to pay spousal maintenance.

There is no blanket rule for how the court determines whether a person’s needs are ‘reasonable’, as what might be considered as a reasonable expense for one person may not be reasonable for another.

Instead, matters are determined case by case and the court evaluates numerous factors such as the financial needs and resources of both parties, their earning capacities, age, health and the standard of living parties enjoyed during and after the relationship.

This is a complex area of law. The court has wide discretion and considers various factors when determining an application for spousal maintenance.

If you are going through a separation, it is important to obtain legal advice to understand how the law may apply to your personal circumstances and what options are available when seeking or responding to a claim for spousal maintenance.

Olivia Le, Lawyer, Catton & Tondelstrand Lawyers, Kon-Tiki Business Centre Tower 1, Level 3, Suite 315, 55 Plaza Parade, Maroochydore, 5609 4933, ctlawyers.com.au

This column is part of our Business 2 Business (B2B) series featuring industry leaders sharing their expertise. For more great articles, SUBSCRIBE to our FREE news feed, direct to your inbox daily. All you need to do is enter your name and email below.

Subscribe to SCN’s free daily news email

This field is for validation purposes and should be left unchanged.
This field is hidden when viewing the form
[scn_go_back_button] Return Home
Share