Under the Family Law Act, a person has a responsibility to assist his or her former spouse or de facto partner financially if that other person can't meet his or her reasonable financial needs from their own income or assets.
Where an entitlement can be established, maintenance enables an adjustment to be made in favour of one or other party for any disparity that may exist between the income or the earning capacity of the parties based on their individual financial needs.
The Family Court and the Federal Magistrates Court are able to deal with spousal maintenance applications and parties can also reach an agreement on maintenance arrangements at mediation.You should try to resolve the dispute before going to court if at all possible as this will involve a saving not only financially but in terms of emotional stress.
Maintenance is not automatically awarded however and time limits apply, so it is best to seek legal advice.Your lawyer will be able to explain the circumstances in which you may be entitled to spouse maintenance and point out the various options for seeking a resolution.If you are the party from whom payment is sought, then your lawyer can explain the limits on your liability based on your capacity to pay. In selecting a mediator, you should ensure that your lawyer is able to come with you to mediation should you so desire as important legal issues are involved.
Mike Emerson Co-principal Brisbane Mediations.
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