Spousal Maintenance: How Do You Qualify?
Spousal maintenance refers to the financial support paid by one spouse to their ex-spouse in cases where they are unable to support themselves after the separation or divorce. This can be on a regular basis for a certain period, or it can be a one-time payment of a lump sum.
Furthermore, spousal maintenance here in QLD states that those who are in a de facto relationship are also eligible for spousal maintenance, provided the relationship ended after March 1, 2009. Different rules may apply in other states. It is important to note that this is different from child support.
Factors Affecting the Approval Application
Before the court makes a decision about approving a request for maintenance, the applicant’s and the respondent’s age, health, income, property, and financial resources are up for consideration.
Other factors include identifying a suitable standard of living, if the applicant’s ability to work and earn an income has been affected by the marriage or de facto relationship, and with whom the children, under 18 years old or adult children with disability, will live.
Applicant Ineligibility for Maintenance
An application may suffer disapproval because the applicant has already married someone new or entered a new de facto relationship.
Likewise, if the applicant separates from his or her de facto partner before March 1, 2009, and is from Queensland, Victoria, Tasmania, New South Wales, Australian Capital Territory, or the Northern Territory, the application would likely be denied.
Application Time Limits
The application for spousal maintenance has a time limit. It should be within 12 months from the date your divorce became final if you were married, or within two years from the breakdown of a de facto relationship.
Spousal maintenance is different from child support, so you could end up paying both depending on the situation. However, the financial assistance you pay for your ex-spouse may end earlier if there is a significant improvement on his or her financial situation.