When you separate from your partner – be it in a marriage or de facto relationship – you may be entitled to seek financial help in an on-going capacity.
The Family Law Act 1975 outlines that a person has the responsibility to assist their former spouse or de facto if that person cannot meet their own reasonable expenses due to the failure of the relationship.
What does the court take into consideration?
If you feel that you may be entitled to spouse or de facto maintenance, then there is a range of considerations that a court will look at when reviewing the potential accountability of your former partner, these are:
- Your age and health
- Your income, property and financial resources
- Your ability to work
- What is a suitable standard of living
- If the marriage has affected your ability to earn income – such as you agreed that you would not further your career to take care of children.
- If there are children involved (under 18 or disabled) and who they live with
Are there any limits on what I can claim?
There are some limits when it comes to claiming maintenance from a former partner that are important to be aware of.
Some key points to remember if you are considering acting on your former spouse or de facto, there are sunset clauses that limit the amount of time you have to do so. It’s important to be aware of the following clauses:
- Where married, you must make a claim within 12 months of your divorce becoming final
- If you were de facto, you have 2 years from the failure of the de facto relationship
The most suitable course of action you should take in any instance is that of seeking proper legal advice from family law experts who have experience seeking financial assistance from former partners in the form of spouse or de facto maintenance.
To find out more information speak with the team from McClure Law today