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.

Sami Muirhead: the woes of a third-born child

Who hasn’t forgotten to pick up their child? Well, I did just that and now my third-born has labelled me the worst parent in More

Traffic almost doubles as road duplication advances

A 3.5km road duplication through one of the region’s fastest-growing communities is pushing into its next phases as governments play catch-up on transport infrastructure More

Prime site where distinctive pink home stood up for auction

A prominent site where a conspicuous pink house stood is set to go under the hammer. No.178 Brisbane Road, at a bustling Mooloolaba intersection, will More

Funding for housing facility for young people in need

A planned housing complex for young people facing homelessness is moving closer to construction after securing federal funding. The federal government has announced $12.6m to More

New Sunday market brings life to waterfront

A new market is set to bring handmade goods, live music and family entertainment to a popular waterfront destination. The Noosa Marina Sunday Markets will More

Summer swimming returns after pool upgrade

A major upgrade has brought swimmers back to a popular 50m pool, with summer operating hours now underway. The three-month project has delivered a major 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