Upon separation there is no automatic right to receive or a duty to pay spousal maintenance. It is important that you know your rights in regards to Spousal Maintenance. It is a tedious part of the divorce process and at Hartley Healy we have a comprehensive understanding of the laws and regulations surrounding Spousal Maintenance.
The Family Law Act provides that one party to the marriage is liable to maintain the other party to the marriage to the extent that one party can reasonably do so and if, and only if, the other party is unable to support her/himself adequately.
There are a number of factors which the Court looks at in determining whether one party is able to adequately support themselves or not. Some examples may be the fact that one party has the care and control of the children or by reason of age or physical or mental incapacity and is unable to obtain appropriate gainful employment. It is important to remember that even if one party is unable to adequately support themselves then the other party is only liable to support that party so far as they are reasonably able to do so.
The Court in determining the liability for spousal maintenance and the amount of spousal maintenance looks to a variety of factors in the Family Law Act.
Our family lawyers can advise you specifically as to your right to receive, or potential liability to pay, spousal maintenance.
Contact us now to make an appointment with our solicitors to discuss your situation.