What does the court consider when deciding a spousal maintenance application?

The court considers the following about both of you:

• your age and health
• your income, property, and financial resources
• your ability to work
• what is a suitable standard of living
• if the marriage has affected your ability to earn an income
• the needs of the applicant
• the respondent’s capacity to pay
• if there are children, who the children reside with (and receive primary care from)
• if there are adult disabled children, who those adult children reside with (and receive primary care from)

Can I apply for spousal maintenance if I was in a de facto relationship?

To apply for spousal maintenance in a de facto relationship, you first need to establish that the de facto relationship exists. Generally, you can prove a de facto relationship existed by showing one or more of the following:

• the period (or the total of the periods) of the de facto relationship is at least 2 years
• there is a child of the de facto relationship
• one of the partners made substantial financial or non-financial contributions to their
  property or as a homemaker or parent and serious injustice to that partner would
  result if the order was not made
• the de facto relationship has been registered in a State or Territory with laws for the
  registration of relationships

A de facto relationship itself can be established by a combination of the following factors:

• the duration of their relationship
• the nature and extent of their common residence
• whether a sexual relationship exists
• the degree of financial dependence or interdependence, and any arrangements for
  financial support, between them
• the ownership, use and acquisition of their property
• their degree of mutual commitment to a shared life
• whether the relationship has been registered, in a State or Territory with laws for the
  registration of relationships
• the care and support of children, and
• the reputation and public aspects of their relationship.

Do I still receive spousal maintenance if I start a new relationship?

You are not entitled to maintenance if you marry another person unless the court otherwise orders. If you start a new de facto relationship the court will take into account the financial relationship between you and your new de facto partner when considering whether you are able to support yourself adequately.

Is there a time limit for applications for spousal maintenance?

If you were married, applications for spouse maintenance must be made within 12 months of your divorce becoming final.

If you were in a de facto relationship, your applications for de facto partner maintenance must be made within 2 years of the breakdown of your de facto relationship.

If you do not apply within these time limits, you will need special permission of a court. This is not always granted.

How do I apply for spousal maintenance?

Check out some of our recent legal updates and property resources that you might find useful on this Family Law Resources link. Please remember that these updates and resources are general guidance only. If you need legal advice, you should contact us to discuss your matter as your personal circumstances may not suit the circumstances described in the updates and resources.

During family law legal matters, many issues come up that require the support of experienced social support works and other professionals. Here are some links to support resources that may help you (please ensure that you make yourself familiar with any confidentiality rules or seek advice from us).

Financial counselling & guidance links:

• ASIC Moneysmart – financial guidance in the event of divorce or separation
• ASIC Moneysmart – Divorce and Separation financial checklist
• ASIC Moneysmart – Budgetplanner
• Penda app – A free app for women experiencing financial abuse
• Family Relationships Online – Government information and advice
• Relationships Australia – Community-based, not-for-profit relationship support service
• Department of Human Services: Child support – Government support for separated parents
• Family Law Courts: Separation and Divorce

Relationship support:

• Queensland Government relationship help and marriage counselling, support and advice links
• Queensland Government domestic and family violence counselling, support and advice links
• Beyond Blue – advice for new parents links
• Queensland Government – how to help people who have a drug problem

Our experienced lawyers know that you need:

• someone who understands the emotions and attitudes of the people involved in your situation;
• your concerns; especially around financial security, child custody, personal safety and so on;
• someone who will provide upfront information about pricing and legal costs (and keep you updated as the matter progresses);
• a lawyer who will provide practical, results-focused advice.

Our family lawyers know that family law clients are usually experiencing one of the most emotional times of their life – a fear of the unknown, concern over financial security, worry for future care of children, anxiety around personal safety and so on. Added to this, most people don’t know what their legal options are – especially when well-meaning friends or family offer advice that may or may not be correct. Our family lawyers see your whole matter and not just the court documents that need to be drafted.

Our lawyers cut through these issues and provide you with legal advice and a strategy based on decades of legal experience to give you the confidence to move forward with your life.

At your first appointment:

• you meet with an experienced lawyer;
• you are advised in frank terms about legal costs and estimates to the end of your matter;
• our lawyer listens to you and understands your matter;
• our lawyer gives you some basic advice about how we start and handle your matter going forward.