2 reasons why a spouse/de facto spouse may be ordered to pay spousal maintenance

2 REASONS WHY A SPOUSE MAY BE ORDERED TO PAY SPOUSAL MAINTENANCE

1. The spouse seeking spousal maintenance is unable to support herself/himself adequately by reason of unemployment; care of children; ill-health etc
2. The spouse who is ordered to pay has the ability to pay the amount of spouse maintenance sought.

 Section 72 of the Family Law Act provides that one party is liable to maintain the other party to the extent that the first-mentioned party is reasonably able to do if, and only if, that other party is unable to support herself or himself adequately whether: (a) by reason of having the care and control of a child of the marriage who has not yet attained the age of 18 years; (b) by reason of age or physical or mental incapacity for appropriate gainful employment; or (c) for any other adequate reason.

There is a similar section that applies to de facto spouses.

Case Example:

In one recent case,

1. The Husband had an income of about $200,000 gross per annum.
2. The Husband spent about $500 per week on personal expenses.
3. The Court held that the amount spent by the Husband on his personal expenses was unreasonable.
4. The Husband spent about $300 per week on food, the same amount the Wife spent on herself and the parties’ 3 children.
5. The Husband paid $125 per week to Wife.
6. The Court found that the Husband had the capacity to pay spousal maintenance in the amount of $450 per week.
7. The spousal maintenance was to be paid for 2 years only as the Wife, under the property orders, would receive money to repay some of her debts but will not enough to enable her to re-establish her financial independence.
8. The weekly spousal maintenance amount of $450 per week would allow the Wife to retrain and re-enter the workforce.

If you have a question on spousal maintenance telephone Kathy Chase on 0418 285 307 or (02) 9918 6565 or send her an email at pittwaterfamilylawyers@gmail.com