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
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