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.

New mum reaches major cancer treatment milestone

Jya Banks had just fallen pregnant when she discovered a lump on her neck. She suspected it may have been a side effect from her More

Your say: bridge upgrade, holiday park petition and more

Do you have an opinion to share? Submit a Letter to the Editor at Sunshine Coast News via news@sunshinecoastnews.com.au. You must include your name More

Traffic light plans take next step on major road

Design work is underway on long-awaited traffic signals at two intersections along a busy thoroughfare. The safety upgrades are planned for Nambour Connection Road junctions More

Police horses deployed in crackdown along beach strip

Police on horseback are patrolling a Sunshine Coast tourist hotspot amid increased efforts to address anti-social behaviour. The Queensland Police Service Mounted Unit has been More

First section of Mooloolaba’s new seawall opens

A significant section of Mooloolaba’s new terraced seawall has opened to the public, giving locals and tourists their first chance to experience the revamped More

‘Stalked my kids’: ex-public servant’s teary claims

A former top public servant has wept as she told an inquiry the CFMEU stalked her family, tracking her children to bus stops and 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