The short answer is no, without a Court Order nobody has to do anything for anyone else. The only exception to this rule is Child Support, which is a requirement under law. However, you are entitled to negotiate and, if unsuccessful, apply to the Court for an Order that will provide you with financial support beyond child support. This arrangement is referred to as spousal maintenance and de facto maintenance (hereinafter referred to as “spousal maintenance”).
A successful spousal maintenance application must be able to demonstrate to the Court that:
1. There is a deficit in your budget; and
2. There is a surplus in your ex’s budget that could cover your deficit.
In addition to the above elements, the Court considers other factors that impact on a person’s ability to support themselves and earn an income including, among other factors:
1. You and your partner’s age and health;
2. Your income earning capacity (including any qualifications you hold);
3. The care of minor children;
4. Whether the marriage, or relationship, has effected your ability to earn an income; and
5. A suitable standard of living you could expect to enjoy in the circumstances.
Spousal maintenance payments are often interim arrangements to allow a person time to re-train or obtain a qualification so they can be self-sufficient. However, there are some circumstances where spousal maintenance is a more permanent arrangement. For example, on one occasion the Family Court awarded an ex-husband $4,000 per week by way of spousal maintenance. The reason for this decision was that the husband “has been a gentleman of leisure for many years…the marriage is the direct reason the Husband has not maintained or developed employment skills, is not used to work and is used to a life of leisure, luxury and privilege.” The wife reportedly earned $50,000 per week.
However, the limitation period (meaning the time you have to instigate Court proceedings) for spousal maintenance applications is 2 years from the date of separation, if you were in a de facto relationship, and 1 year from the date of divorce, if you were married. It is not possible to extend these “deadlines”. For a summary of Divorce and the flow-on impact it can have on other elements of your family law matter see here.
Any spousal maintenance application must satisfactorily address all elements and considerations to be successful. A lawyer at Enyo Lawyers can assist you with your application or response.
If you require assistance with a spousal maintenance or de facto maintenance application or have any other concerns relating to spousal maintenance or funding your legal proceedings please contact a member of our Family Law team on info@chris-byrne.com or 07 3012 6345 to arrange a confidential, obligation-free initial consultation.