It is not unusual in relationships for one person to earn more than the other, or for one person to be financially dependent on the other because they are home caring for the family instead of being in paid employment. While this dynamic can work well while a couple remains together, it can cause serious problems during a separation or when someone is thinking about separating.
When one person holds all the purse strings, the thought of what is going to happen financially in the short term can be overwhelming and frightening for the other person. Financial inequality can also prevent people leaving relationships as it can be cripplingly difficult to make the decision to leave when you have nowhere to go, or don’t have access to enough money to pay for housing, groceries or petrol on your own.
If you find yourself in a situation where you are considering leaving a relationship, or have already left, and cannot meet your own expenses by yourself, you may be able to ask the Court to make an Order that compels your former partner to chip in funds to assist you. These kinds of Orders are called ‘spouse maintenance’ or ‘de facto spouse maintenance’ Orders and can be made regardless of whether you were married or not, and can be made on an urgent, interim or final basis.
The Court must answer two questions when determining whether or not to make a maintenance Order. Firstly, the Court must decide whether the person asking for maintenance has a need for maintenance because they cannot meet some or all of their own reasonable expenses, and secondly, whether the other person has the capacity to meet that need. The Court will consider many different factors when answering these questions, including assessing each person’s income capacity and their actual income (which can be quite different), their property and financial resources, their age and health, care of children, and what is a suitable standard of living in all the circumstances. If successful, the maintenance can be paid in different ways, including a weekly or monthly amount, or a lump sum amount. The exact amount paid depends on the specific circumstances of each case.
This is a complex area of family law and it is important that you obtain specialist family law advice if you find yourself in a situation where you think you need help meeting your own expenses or are worried about your ability to meet expenses after you separate. There is also a criteria to be met (about the nature of your relationship) and time limits to be considered.
Please call our team on (02) 6225 7040 or email info@rmfamilylaw.com.au for an obligation free discussion and fee estimate.