SPOUSAL MAINTENANCE

Family Lawyers

Divorce will be a deeply emotional and stressful experience for any married couple, which may make it difficult to keep financial negotiations clear and fair.

This is especially true if one partner will face financial difficulties as a result of a divorce, or if that partner will have major responsibility for the wellbeing of children. When dividing property or assets, in mediation or in court, expert legal advice is often necessary to ensure that a partner facing such hardship receives fair financial support in future.

Spousal maintenance is different from the financial agreements that can be made during a De Facto separation. For information on the financial provisions for separating De Facto couples, visit our Financial Agreements page, here.

At Diamond Conway, we have the compassion and the expertise to negotiate financial agreements that offer beneficial maintenance or child support payments to our clients. We have a respected record of success and our legal team includes an accredited specialist in Family Law, partner Tom Doumanis.

For advice and support for any aspect of maintenance or child support in a divorce, call us at Diamond Conway today on 02 9222 8000.

We are ready to assist you and to keep the negotiation process as smooth and stress-free as we can, no matter how far it needs to go.

Spousal Maintenance – A Financial Balance After Divorce

One of the most distressing aspects of a divorce can be the financial inequalities it exposes between the separating spouses. Spousal maintenance is a form of payment, often upheld over several years, made by one spouse to support their former husband or wife financially.

Not every divorce automatically leads to spousal maintenance. Obtaining – or disallowing – spousal maintenance will depend on each couple’s circumstances, but the basic principle for determining whether or not the payment is necessary is: after a divorce, one spouse is unable to meet their basic needs, and the other can pay to make this possible.

In every case in which spousal maintenance becomes an issue, the mediators or the courts will base their negotiations and decisions on the principles outlined in the Family Law Act 1975. A fair and equitable decision will depend on:

Each spouse’s assets, income, property and debts
Each spouse’s health and earning power – which may have been affected by the marriage or the divorce
Which spouse has custody, or a greater share of custody, of children
The standard of living considered appropriate, for each spouse

The law requires every divorce to begin in mediation and negotiation, but not all couples will be able to reach agreement this way, and so some cases may need to proceed to the Family Court or the Federal Circuit Court. At Diamond Conway, we have the expertise to advise you and support your case towards a fair outcome, in whatever forum it takes place.

Child Support

In any divorce, if the couple has children, safeguarding their future will be the most important and often the most emotional and complex part of the process. Expert and compassionate legal advice is often essential to achieving an agreement that keeps children’s best interests clear and central to the negotiations.

It is essential to remember that after a divorce, both parents are still obliged to contribute to their children’s wellbeing and upbringing (the only exception is when a parent, or both parents, may put their children’s wellbeing at risk).

If only one divorced parent can afford to support both shares of parental responsibility, then they may have to make child support payments to their former spouse. This may take the form of a periodic payment (a set amount, at regular agreed times), non-periodic payments (amounts paid at times determined by the court) or a lump sum payment. In every case, child support payments will be calculated by comparing each parent’s income, their future earning power, and their measure of responsibility for child custody.

In the event that neither parent can afford to support their children single-handedly, a thirds party may have to become involved. Click here to go to the website of the Australian Commonwealth Department of Human Services.

Diamond Conway – Family law Experts

Maintenance & ongoing child support payments may be one of the most difficult parts of any divorce to negotiate, but at Diamond Conway we have the compassion and the diligence to work towards an agreement that is fair for you and has your children’s best interests at heart. For advice and help with any aspect of child support, call us today on 02 9222 8000.