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Spousal Maintenance Lawyers

At Barton Family Lawyers, we come to you as an experienced team in applying for and responding to spousal maintenance claims. We do our part to ensure our clients understand their rights and obligations throughout the process, providing trusted legal advice and guidance for a fair outcome. For spousal maintenance lawyers that assist in getting you on track through a difficult time in your life, think of Barton Family Lawyers.

Browse our additional family law services and reach out through our online form to engage our trusted team. For more information, give us a call on 3465 9332.

A Trusted Spousal Maintenance Brisbane Service

Spousal Maintenance is a type of financial support paid by one party of a marriage or de facto relationship, to their former partner/spouse in circumstances where they are unable to adequality support themselves. Under the Family Law Act 1975, a person has a responsibility to financially assist their spouse, or former de facto partner, if that person is unable to meet their own reasonable living standards based on their individual income or assets. Speaking generally, to be eligible, there needs to be a significant disparity between the respective party’s income at the day of separation.

Many people do not actually realise they may have an entitlement to or obligation to pay spousal maintenance.

The Benefits of Using a Spousal Maintenance Lawyer

Understanding Your Eligibility

If you are unable to work due to illness, having care of young children, or have been out of the workforce for some significant time (and your capacity for employment is limited), and you are unable to financially support yourself from your own source of income, you may be eligible for spousal maintenance. This only applies if the other party possesses a much greater income and is able to support you financially. To understand more, our team are here to discuss.

Access to Estimated Calculations of Payment

There is no formula to determining a reasonable amount of spousal maintenance – it all depends on the individual circumstances of your case. Your need for financial support, and the other party’s capacity to provide that support, will be assessed based on the reasonability of each party’s day to day expenses.

Finances are Discussed

At Barton Family Lawyers, our priority is to ensure each party is able to agree on a mutual outcome that benefits you both. When it comes to payments, it all comes down to the individual circumstances of your case, and as mentioned, there is no formula to determining the final amount. In saying that, you can do a rough calculation based on a few fundamentals. Give us a call and we can discuss the best way for you to come to an estimated amount.

We Help You Understand Property Settlement

Obligations to pay spousal maintenance do not expire after a formal property settlement. Whether a party is entitled to the support after a settlement is completed completely depends on the circumstances of the case. When it comes to acquiring advice for such a process, we recommend getting in touch with our team of lawyers.

We Also Offer More Information

When it comes to situations like spousal maintenance, there is so much information to learn and understand. The best thing you can do is get in touch with Barton Family Lawyers, to ensure you have a reliable team on your side that can disclose such information, in a manner that is simplistic enough for you to understand. The last thing you need is stress, we do our part to eliminate that as much as possible.

Why Our Spousal Maintenance Lawyers are Trusted

Our team offer an abundance of industry experience spanning more than a combined 50 years. This has made us a reputable source, with our clients entrusting us to get them the outcomes they deserve. Family law can be intense, but we do what we can to make it stress free, easy, and fair. Get in touch with our team of lawyers today to discuss your spousal maintenance or maintenance claims and walk away feeling confident and comfortable about your future.

Work With Barton Family Lawyers Today!

As a trusted Brisbane family lawyer, we are here to make life that little bit easier on your behalf. Get in touch with our team now by calling us on 3465 9332 or reaching out via our online form to discuss your options.

Frequently Asked Questions (FAQ’s)

What is Spousal Maintenance?

Spousal Maintenance is financial support paid by one party to a marriage/de facto relationship to their former partner/spouse in circumstances where they are unable to adequately support themselves. Under the Family Law Act 1975, a person has a responsibility to financially assist their spouse/former de facto partner if that person is not able to meet their own reasonable living expenses from their own income or assets. Generally speaking, for a person to have an entitlement to spousal maintenance, there needs to be a significant disparity in the respective party’s income at the date of separation. Many people do not realise that they may have an entitlement to / obligation to pay spousal maintenance.

What is the difference between spousal maintenance and child support?

Spousal maintenance is paid for the support of your former spouse/partner. Spousal maintenance is not child support as child support is paid for the support of your children. The Family Law Courts can order that you receive spousal maintenance in addition to any child support you are entitled to receive.

What is the difference between spousal maintenance / spousal support and property settlement?

A property settlement relates to the division of assets of the parties following separation. This is different from spousal maintenance, which is paid for the support of your former partner.

What does a Court consider when deciding whether spousal maintenance is payable?

The necessary elements for a court to order the payment of spousal maintenance are:

  1. Capacity – That one party is reasonably able to support the other party;
  2. Need – the other party is unable to support themselves adequately from his/her own income earning capacity or financial resources by reason of:
    • having care/control of a child of the relationship/marriage under 18;
    • physical or mental incapacity to be employed;
    • any other reason.

In determining a spousal maintenance application, the Court has regard to the following factors 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; and
    • if the marriage/relationship has affected your ability to earn an income.

Am I entitled to spousal maintenance?

If you are unable to work,  due to illness, having care of young children, and/or have been out of the workforce for a significant period of time such that your capacity for employment is limited, you may be entitled to spousal maintenance if you are unable to financially support yourself adequately from your own income and resources, and the other party has a much greater income than you, and is therefore able to assist in your financial support.

If you are working but your income is not sufficient to meet your living expenses, you may still be entitled to spousal maintenance, pending of course the other party’s capacity to assist in your financial support.

Your need for financial support and the other party’s capacity to provide it will be determined by both parties filing and exchanging a financial statement which sets out your income and living expenses. If the court determines that a spousal maintenance payment is necessary having regard to the financial need of one party and the financial capacity of the other party, the Court must then determine what payment it thinks is reasonable.

There is no formula for determining how much spousal maintenance is reasonable for you to be paid. It will depend on the individual circumstances of your case. Your need for financial support and the other party’s capacity to provide you with support will be assessed having regard to the reasonableness of each of your day to day living expenses. If your day to day living expenses are reasonable and your need for financial support is significant, the court can only make an order that the other party pay you a sum which is reasonable, having regard to their financial capacity to do so. The other party is entitled to apply funds to meet their own day to day living expenses first, before assessing their capacity to meet your financial needs.

In determining the amount of spousal maintenance the Court will give consideration to a standard of living that is reasonable in all the circumstances. Here, reasonable does not necessarily mean the standard of living that the applicant led prior to the breakdown of the relationship, as that can no longer be reasonable noting the parties now live in two separate households and their assets have been divided, however this is a consideration of the Court.

We recommend speaking to our team as soon as possible after separation, about your right to receive spousal maintenance from your former partner and the amount you might be entitled to receive.

How can I calculate spousal maintenance I may entitled to receive / required to pay?

As stated above, there is no formula for determining how much spousal maintenance is reasonable for you to pay/be paid. It will depend on the individual circumstances of your case. However, you can do a rough calculation of spousal maintenance payable/receivable, on a weekly basis, by doing the following steps:

  1. Work out your gross weekly income (check your pay slip) (where you are paid monthly/fortnightly, divide by the appropriate figure to get a weekly amount);
  2. Work out your income tax paid every week (check your pay slip);
  3. work out your child support payable (if any);
  4. Add up your reasonable living expenses (where they are yearly expenses/quarterly expenses, divide by the appropriate figure to get a weekly amount);
  5. Prepare an excel spreadsheet showing your income and expenses that you incur, as a weekly figure;
  6. Do the same for the other party;
  7. Consult with an experienced Brisbane Family Lawyer with the above information to determine the spousal maintenance you may be entitled to receive/required to pay.

Do I have to pay spousal maintenance?

If the other party is not able to support themselves adequately from their own income/resources and you have the capacity to support them after payment of your own reasonable living expenses, then you have a legal obligation to pay spousal maintenance to your former partner.

If you and your former partner cannot reach an agreement as to the payment of / amount of spousal maintenance to be paid to them, they may file an application to the Court seeking orders for you to pay spousal maintenance to them.

If you are worried about whether your former partner may have a claim against you for the payment of spousal maintenance, we recommend speaking to one of our Brisbane Family Lawyers at an early stage about your spousal maintenance obligations and the amount you may be required to pay. Generally, negotiations between lawyers at an early stage have high prospects of success in resolving issues relating to spousal maintenance.

If you are worried about whether your former partner may have a claim against you for the payment of spousal maintenance, it may be a good idea for you to keep the joint bank account open and joint credit cards available for them to use for their living expenses, until the parties reach an interim agreement in relation to spousal maintenance issues.

How long are spousal maintenance payments?

Spousal maintenance payments are not long term. They are intended for a discrete period of time following separation to enable the applicant to get back on their feet. Sometimes they will extend for longer periods of time to enable the applicant to retrain so they may obtain employment to enable them to financially support themselves. Usually, spousal maintenance payments will end once a property settlement is agreed upon between the parties or decided by the court.  In certain limited circumstances, it is appropriate that spousal maintenance payments continue for a longer period of time, following a final property settlement order.

Is there a time limit for applications for spousal maintenance?

If you were married, you must make a spousal maintenance application within 12 months of the divorce becoming final. If you were in a de facto relationship, you must make a spousal maintenance application within 2 years of the breakdown of the relationship.

Do I have to pay spousal maintenance after our property settlement is finalised?

The obligation to pay spousal maintenance does not expire after you do a formal ‘property settlement’. Whether a party is entitled to spousal maintenance after a property settlement is completed, depends on all the circumstances of the case, most relevantly whether the applying party still has a need for support.

We recommend you obtain advice from our team about whether you may be obligated to pay ongoing spousal support after your property settlement is finalised. Pending the circumstances of your case, there may be a way of protecting you from a claim against spousal maintenance after formalisation of your property settlement.

How do I obtain spousal maintenance?

If you are unable to support yourself adequately from your own income and financial resources, we suggest that you make a proposal to the other party regarding the payment of spousal maintenance to you to help you cover your living expenses for the time being, until more final arrangements are made regarding the division of your assets. Alternatively, if an agreement cannot be reached, you may need to file an application to the Court to obtain spousal maintenance payments from the other party.

More Information

For more information in relation to similar topics, see our article:

  1. Does your financial agreement protect you from a maintenance claim? 
  2. Financial Agreements & Spousal Maintenance and Income Tested Benefits
  3. Hiding Assets in a divorce
  4. Why you should formalise your property settlement
  5. When can future inheritances be taken into account
  6. How do I apply for property and financial orders
  7. Spousal Maintenance ordered 17 years after separation
  8. Going back to work after divorce 
  9. When can future inheritances be taken into account
  10. How do I apply for property and financial orders
  11. Am I in a de facto relationship

Contact Us

If you think you may be entitled to spousal maintenance or you may be at risk of a spousal maintenance claim, you should seek legal advice from an experienced family lawyer as soon as possible.

Barton Family Lawyers are experienced in applying for and responding to these types of claims. Get in contact with us to book a reduced rate initial consultation to discuss your rights and obligations further.

I cannot recommend this law firm enough, especially Shania, who has been nothing short of exceptional. Right from the start, she was a total professional and a fierce advocate. Shania knew exactly what I wanted, stayed focused, and went straight for it without hesitation. Her presentation of my case was flawless; her delivery was so sharp it left everyone speechless. She’s been on point every step of the way, and so far, she has secured everything I hoped for, heading into the final hearing with a strong foundation.

I chose this firm because of their deep expertise in handling narcissistic abuse cases, and Shania has demonstrated an exceptional understanding of the complexities involved. This is a lawyer that truly knows what she’s doing, and she’s incredibly dedicated to delivering results. Don’t waste time looking elsewhere—go straight to this firm. Shania knows what you’re going through, understands what you need, and will go above and beyond to get it for you.

Jai

Forever grateful to Chris and Rachel and the whole team at Barton Family law for keeping my child and myself safe. They went above and beyond and there were no hidden costs or surprises to stress about such as paying per email or phone call throughout the ordeal. They were upfront and honest and made sure I was well represented. Thank you all so much for everything.

Nat

Barton Family Lawyers are an exceptional group of people.

Before my initial consultation, I was confused and felt trapped. I expected to lose what little I had left. Engaging the support of Barton Family Lawyers was a turning point and the single best decision I have made in my life so far.

Chris, Rachel and Chloe were unwavering in their support. No question went unanswered. The expectations and options available were always clear, fair and realistic. Thanks to the teamwork that went on in the background, I was able to start focusing on rebuilding my life before the matter had come close to finalising.

Words do not do justice the level of passion, professionalism, integrity and genuine care that is on display in everything that Barton Family Lawyers does.

Thank you Chris, Rachel, Chloe and the rest of the Barton team. The future of Barton Family Lawyers and its people is bright. No doubt the same can be said of anyone else who seeks their support.

I owe my future in large part to you and will be a lifelong advocate.

Timothy

Barton Family Lawyers were fantastic – especially Ellie. Ellie was so professional, thoughtful & proactive with her dealings with me. She was always keeping me updated & was so genuine in looking after me & my best interests. In the most stressful & difficult time in my life Ellie always went above & beyond to ensure this was one area I didn’t need to worry about. I absolutely recommend Ellie & Barton Family Lawyers! 😊

Debbie

Ellie and Alice make a wonderful team. Ellie is incredibly knowledgeable, thorough, precise and approachable. She ensures you have a full understanding of processes and timelines by providing detailed information and maintaining regular contact. I felt supported throughout the entire process. Alice was an integral part of the entire process and really made me feel I always had a point of contact, was calm and considerate no matter the query and really spent quality time assisting when needed. I highly recommended Barton Family Lawyers and this team in particular.

Kelly

Had the most incredible experience with Barton Family Law. Shinai and the entire team were always so helpful and made me feel like I had someone in my corner fighting for me. They helped navigate me through big life challenges and I always felt supported. The fixed fee agreements took so much of the stress away knowing you’re not paying by the hour – and you get a breakdown of what they’re going to do. Couldn’t recommend enough! I will use them again in a heartbeat if I need to!

Keely

Barton Family Lawyers were recommended to me by another law firm as they didn’t deal with family law matters. All of the staff at Barton were very professional and constantly kept me informed every step of the way and they achieved a very good outcome for me without costing a fortune. I would have no hesitation in recommending them to others and already have. You can be confident Barton Family Law will ensure your best interests are their priority.

Frank

Barton Family law handled my separation property settlement, professional and courteous, prompt responses and exceptional advice.
Cailey and Samantha were outstanding and extremely helpful with the whole process.
Highly recommend Barton Family Law for any family law matters

Trent

Thank you Shinai and the team at BFL. They were professional, knowlegable and patient with all my queries and concerns throughout the process, and always communicated in a timely manner. The fixed fee arrangement was great, as I was aware of all costs up front, removing further stress in the process. I am so thankful for the wonderful team that guided me with patience and compassion throughout this journey, and achieved the outcome I had hoped for.

Marta

Shinai and her team were great to deal with during a difficult seperation.

Professional and understanding from start to finish.

I have no hesitation in recommending Barton Family Lawyers

Martin

Courtney and her team at Barton were fantastic. They are highly knowledgeable, experienced and efficient, but are also sensitive and compassionate regarding the difficult circumstances surrounding family law matters. Their communication is great and with their fixed fee agreements, you feel confident to ask questions to ensure you have all the information you need to navigate the court system. Thank you Barton Lawyers!
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Nikki

I researched who I hoped to be the best to represent me when I finally made the decision to go down the road I did. I chose Barton Family Lawyers because of the information on the website and I was not disappointed. I really did not know what I was about to come up against and I could not have asked for or expected to have such an amazing and wonderful team in my corner.
I appreciate all the hard work that was done. They went above and beyond to help me get through the gruelling processes.
Everyone who I came in contact with along the way in the office was always so warm and friendly and nothing was too much trouble.
A special mention of Courtney, Shinai and George. I honestly can not thank them enough and can not express how grateful I am for their time and patience with me. I don’t know how they do what they do. I can only imagine that it must be rewarding when they achieve a good outcome.

Cath

Undertaking a drawn out and complicated property settlement, Courtney’s approach was down to earth and practical. Courtney started with the initial consultation, going through each scenario allowing me to make decisions best suited to my circumstances. This was particularly relevant when dealing with the other party in the dispute – who was reticent in consulting on a resolution. Courtney offered a number of different choices and options of retaining expert opinions, allowing me to work with people that were a right fit for me.

Courtney and her team worked above and beyond core business hours to ensure all detailed analysis of documentation, at times within a short turnaround (usually on a Friday at 6pm). This was the real stand out to me, a firm that wasn’t just looking at billable hours but genuinely committed to ensuring care and attention were given when necessary.
As a client, Courtney worked on my behalf and also with me to achieve an outcome that was just and equitable. Giving understanding during periods of frustration and encouragement to just follow the process. I can genuinely say Barton Family Law is a practice that cares about getting the best outcome for their clients no matter how simple or complicated the matter is. I would highly recommend Barton Family Law, Courtney and her team.

Felicity

I had the pleasure of having Shinai and Courtney represent me in a family matter. Both were delicate and considerate of my situation and achieved the best outcome for property settlement and separation in my divorce. Very grateful for the work they both did.

Katrina

Knowledgeable, experienced and very professional, always putting my needs first. I would not have made it to the end of my very lengthy settlement had it not been for Courtney and Shinai’s support.

Libby

Excellent Family Law Practice. Always quick to answer emails and return phone calls. The team is dedicated to the practice and to the clients. The best results are achieved because they all collaborate on every case. So very pleased with my outcome.

Jen

I engaged Courtney and Shinai for a property settlement after being unimpressed with the support and energy given by a previous lawyer. Courtney worked on my settlement whereby I felt my best outcome was being fought for. Shinai was knowledgeable and patient with all my enquiries during a difficult time . Many thanks. Highly recommended.

Scott

Courtney and the team were very professional, prompt and upfront in handling the parent order as well as filing my divorce. The team patiently answered all my questions, talked me through the whole process and were very quick in getting the matter settled – which is ideal during a stressful and upsetting period. I highly recommend their services.

Marcela

I can’t speak highly enough about my experience with Elizabeth. She worked hard and diligently to make sure I had the best possible outcome for my situation.
I had an all round positive experience with everyone from Barton family lawyers, but Elizabeth was exceptional. Thank you so much for everything.

Dominique

Courney is the only person I would call if I ever had any legal issues. Her help, knowledge and experience had helped tremendously through the rough times during my children and property court battle. I highly recommend Barton Family Lawyers!

Sinisa

Found Courtney and George not only to be very professional but also very caring and courteous and I would strongly recommend using their services to family and friends if ever needed.

Michelle

Courtney is a master at her profession.She promised me she would get my power back ,and she delivered.She is a balance of great empathy and fights for you all the way ,the outcome was exactly what i needed.I highly recommend her and her amazing team,to get you the outcome you want.

Kym

I had Cortney help me with my family court matter. I couldnt have asked for a better team. From the start the care and understanding from the whole team at Barton was outstanding. I will be forever grateful for the outcome. If you are after a awesome family lawyer look no further. The photo never would have been possible without Courtney and her team. Thank you

Danny

Thank you to Courtney and the Barton team for guiding me through a difficult and confusing separation process. Barton Family Lawyers kept me updated, acted immediately on my questions and instructions and most importantly put my best interests forward at all times.

There really is no way to put a price on the stress relief Barton’s exceptional service, understanding and drive for results brings.

Highly recommended if you want the work done right, first time.

Chris

Courtney and her team have gone above and beyond for myself and children. I’m so appreciative of them fighting for what was fair for myself and children.
Courtney knows how to deal with narcissistic behaviour and she had given me support and guidance through this traumatic experience.
Courtney is open with you and honest. Every email she sends or receives comes back to you and she will let you know what is important or not. They helped me through the process with detailed billing.
I could not have found anyone better to deal with my difficult separation than Barton family firm.
Everyone in the team I can’t say how grateful I am to everyone who work on my case. Thank you is not big enough. But I am thankful.

Amanda