Spousal or de facto maintenance is financial support paid by a party to their former spouse in circumstances where they are unable to adequately support themselves. It should not be confused with child support of adult child maintenance.
The Court can make an Order for one party to pay “spousal maintenance” to the other if, and only if a party is unable to meet their own reasonable needs. Payments can be periodic amounts or a lump sum, based on the factors set out in Section 75(2) of the Act.
Therefore, the Court will consider your needs and the other parties capacity to pay.
At WA Family Legal, we will help you by:
- Advising you in relation to your spousal or de facto spousal maintenance claim;
- Writing to the other party and negotiating a suitable periodic payment without the need to instigate Court proceedings;
- Drafting your Application;
- Representing you in the Family Court of Western Australia; and
- In the event you are successful and for any reason spousal maintenance payments are not made, seeking enforcement of the Orders in the Court.