Spousal maintenance is often sought when a spouse cannot support themselves adequately on their own and the other spouse has the income to help them out. This is similar to child support but for the spouse. It assists them to meet their reasonable costs of living such as groceries, utilities and essential medical costs.

How spousal maintenance works

A court can award lump sum or periodic spousal maintenance. It is not an automatic right, but if one spouse is in need of financial support and it can be established that the other has a means or is able to provide that support, then the spouse needing the financial support may make an application to the court for orders relating to spousal maintenance.

This is an issue you should discuss carefully with your family lawyer before you make an application to the court or enter into any agreement. If an agreement is reached then it is formalised by way of a Binding Financial Agreement.

Spousal maintenance advice and assistance

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