Donate Child Support Calculator
Skip navigation

Spousal maintenance

Add Topic
This will be a broad question I know, but can anyone tell me how spousal maintenance is calculated. My ex has a low capacity for work, probably really can only work part time. Was mostly a stay at home mum during our marriage, and is living with a new partner. What amount is fair? Does anyone pay it currently or have a similar situation.
It depends on how much you earn or have and the level of lifestyle you both had before you two split up and how it compares to the lifestyle she has now.

It is usually applicable in cases where there is lots of cash flow and high life.
yep, no fixed formula. Wish there was.  One party has to have a need and the other party the capacity

A tricky issue when using consent orders, as they often dont (sometimes cant) cover Spousal Main, which may leave it open for a party to raise it the future
Her partners income does count in a claim for SM.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
I must be looking at a different FL Act to Guest…

Part VIII Property, spousal maintenance and maintenance agreements 295
71 Interpretation .295
71A This Part does not apply to certain matters covered by binding financial agreements .295
72 Right of spouse to maintenance .295
74 Power of court in spousal maintenance proceedings .296 and 297
77 Urgent spousal maintenance cases .300
77A Specification in orders of payments etc. for spouse maintenance purposes.300
78 Declaration of interests in property .301
79 Alteration of property interests.301
79A Setting aside of orders altering property interests.308
79B Notification of proceeds of crime orders etc .311
79C Court to stay property or spousal maintenance proceedings affected by proceeds of crime orders etc. .312
79D Lifting a stay .313
79E Intervention by DPP .313
79F Notifying third parties about application .313
79G Notifying bankruptcy trustee etc. about application under section 74, 78, 79 or 79A .314
79H Notifying court about bankruptcy etc. .314
79J Notifying non-bankrupt spouse about application under section 139A of the Bankruptcy Act 1966 .316
80 General powers of court .316
81 Duty of court to end financial relations .317
82 Cessation of spousal maintenance orders .317
83 Modification of spousal maintenance orders .318
85A Ante-nuptial and post-nuptial settlements .320
86A Certain maintenance agreements ineffective .321
86 Registered maintenance agreements .321
87 Operation of maintenance agreements entered into in substitution for rights under Act .323
87A Specification in maintenance agreements of payments etc. for maintenance purposes .327
88 Enforcement of maintenance agreements .328

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
1 guest and 0 members have just viewed this.

Recent Tweets