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Adelaide spousal maintenance lawyers helping you secure financial stability after separation

Our Adelaide family lawyers provide clear, compassionate advice on spousal and de facto maintenance, helping you understand your rights and achieve financial confidence after separation

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We understand it can feel overwhelming.

Navigating the complexities of spousal and de facto maintenance can feel overwhelming.

These issues are not just about numbers, they are about securing a future that aligns with your goals and ensures financial stability. That’s why having expert guidance matters.

What you need to know.

Planning for a Prenup can bring up plenty of questions: What can be included? How will assets be divided? Will it be enforceable if circumstances change?

The right agreement depends on your unique circumstances. That’s why getting clear, personalised legal advice is so important. It helps you understand your rights, your responsibilities, and gives you confidence that your agreement will protect both parties fairly.

What is Spousal Maintenance?

Spousal maintenance is financial support paid by one party to a marriage to their spouse or former spouse when they are unable to support themselves adequately.

This support is designed to help ensure both parties can maintain a reasonable standard of living after separation or divorce.

What is De Facto Maintenance?

De facto maintenance is financial support paid by one party of a de facto relationship to their former partner in circumstances where self-support is not possible.

For de facto relationships, the Court will only make maintenance orders if specific jurisdictional requirements are met.

Who has to pay maintenance?

Under the Family Law Act 1975, both parties have a responsibility to support one another if one party cannot meet their reasonable expenses from personal income or assets.

This obligation can continue even after separation or divorce, depending on the circumstances.

What factors determine maintenance payments?

The Court considers several factors when determining maintenance, including:

  • Age, health and capacity to work
  • Income, property, and financial resources
  • Reasonable standard of living
  • How the relationship has impacted earning capacity
  • Care arrangements for children under 18 or adult children with disabilities

Important factors to consider:

These issues are complex

Family law is nuanced, and spousal or de facto maintenance claims often involve intricate legal and financial considerations. Without proper advice, you risk overlooking critical details or compromising other aspects of your financial settlement.

Timing is critical

Time limits apply to spousal and de facto maintenance applications:

Spousal Maintenance: Applications must generally be made within 12 months of a divorce or decree of nullity.

De Facto Maintenance: Applications must be made within two years of the relationship breakdown.

Why choose Resolve Divorce?

Without guidance, you could miss opportunities or come up against challenges.

Handling spousal or de facto maintenance alone could lead to missed opportunities or unexpected challenges. At Resolve Divorce, we approach these issues holistically, ensuring every financial element of your separation fits seamlessly together.

We don’t just look at spousal maintenance in a vacuum. Instead, we consider how it interacts with property settlements, parenting arrangements, and other financial claims. This ensures you achieve the best possible outcome for your overall financial future.

Our experienced family lawyers work with you to:

  • Assess Your Situation

    We approach every client individually, our team assess your eligibility or obligations for spousal or de facto maintenance.

  • Evaluate Finances

    We analyse the broader financial picture to ensure no detail is overlooked.

  • Advocate For You

    We're in your corner, representing your best interests with skill and empathy.

  • Simplify The Process

    We streamline complex legal processes, empowering you to make informed decisions.

Very thorough, compassionate service. I didn’t feel like another number in a case list.

Resolve Client
Resolve Divorce testimonial image showing a woman in a tan trench coat and white turtleneck, symbolising confidence and composure.

Ready to take the next step?

Book your free 15-minute discovery call and take the first step towards a clearer future.

Book your free 15-minute call