What Are the Factors Taken Into Consideration While Determining Spousal Support?

Spousal maintenance post-divorce forms a very important part of any divorce settlement there are various factors which are taken into consideration before determining the amount of spousal maintenance that a person shall receive.

Before getting into the considerations of spouse and maintenance it is important to know that there are two kinds of spouse’s maintenance applications which are made in the court. The first one is known as a financial support which is paid by a party to their former wife or husband in circumstances where they are unable to support themselves. The second kind of maintenance is known as the de facto partner maintenance which is a financial support paid by a party to a de facto relationship that has broken down with their former de facto partner in a situation where they are unable to support them themselves.

The amount of money with partner needs to pay as spousal maintenance can vary depending on various factors about which your family law lawyers in Brisbane can properly guide you through. The main factors which are taken into account are:

  • The age and health of the person
  • Income property and financial resources
  • Ability to work and standard of living
  • The fact whether the marriage has affected the ability to earn an income.

If you have been in the de facto relationship and if you’re considering making an application to the court for maintenance orders you should consult your family law lawyers in Brisbane, who would give you information about whether you are eligible to make such an application. It is important to note that if you are already entitled to maintenance and if you marry another person or enter into a new de facto relationship the court will take into account the financial relationship between you and your new partner when considering whether you are able to support yourself.

The standard of living plays a very important role in divorce when it comes to finances. It gives your family law lawyers in Brisbane a wide range to bargain while the judges also maintain their discretion in determining how to define the standard of living of a course of couple’s marriage. It is often left to the wise judgment of the judge and the bargaining capacity of your family law lawyers in Brisbane to analyze whether the couple’s financial share is fair.

Marital discord is often cited by many family law lawyers in Brisbane as one of the primary reasons for divorce. However, it should be kept in mind that adultery as per the court of law is relevant to the calculation and award of spousal support. Courts and family law lawyers in Brisbane are likely to take any kind of behavior into consideration which had the detrimental effect on the savings or the earning capacity of the couple.

As per the law of Australia applications for spousal maintenance must be made within 12 months of divorce in the case of a marriage and 2 years in the case of the factoring relationship. You can consult your family law lawyers in Brisbane and make proper applications, failing which you will need special permissions of the court which is not always granted.

Newwaylawyers.com.au is a non-profit legal firm based in Australia. They provide legal help and guidance regarding all family related issues to their clients all over Australia.  Their main difference with other family law lawyers in Brisbane is established by the fact that their motive of working with clients is solely based on trust and goodwill rather than profit. At newwwaylawyers.com.au you can enjoy the best services at an affordable rate in a friendly yet professional environment.