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.

Council flags possible sale of prominent site

Sunshine Coast Council could sell a prime site that is being used as a work compound for a major foreshore project. A council representative told More

Holiday park changes spark petition

A holiday park shake-up has sparked a petition, with long-time visitors concerned about lost facilities and rising site fees. The petition relates to Cotton Tree More

New $27m unit to support mums after childbirth

A new facility at a Sunshine Coast hospital will provide specialist care for mothers experiencing mental health challenges after childbirth. The purpose-built $27 million eight-bed More

Childhood rescue sparks LifeFlight doctor’s career

A childhood encounter with an aeromedical helicopter set Dr Neeban Balayasoderan on the path to a lifesaving career. Dr Balayasoderan is one of LifeFlight’s newest More

Last Lightning foundation player departs after 10 seasons

A Sunshine Coast Lightning foundation player has parted ways with the club after a decade that included two premiership-winning campaigns. Australian representative Cara Koenen, Lightning More

Sami Muirhead: dancing away with my heart

My daughter and I sharing a dodgy hotel room, a kebab feast and a plastic glass of red wine (for me) filled to the 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