Spousal Maintenance

Protecting Your Financial Stability Post-Separation

Spousal maintenance is financial support paid by one person to their former husband, wife, or de facto partner when they are unable to adequately support themselves.

At Somerville Laundry Lomax, our family lawyers specialise in navigating the complex criteria used to determine maintenance obligations, ensuring you receive a fair outcome that reflects your needs and your partner's capacity to pay.

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What is Spousal Maintenance?

Under the Family Law Act 1975, a person has a responsibility to financially assist their former partner if that person cannot meet their own reasonable expenses from their personal income or assets. This is separate from Child Support, which is specifically for the costs associated with raising children.

The Court generally applies a two-part test:

The Need: Can the applicant support themselves adequately? (including age, health, and care of children).
The Capacity: Does the other party have the financial capacity to pay after meeting their own reasonable expenses?

When Can You Apply?

Spousal maintenance is not automatic and is generally intended as a short-term financial bridge to independence.

During Marriage or De Facto Relationship: Maintenance can be sought while separated but still legally married or in a de facto relationship.
After Divorce: You must apply within 12 months of your divorce order becoming final.
After De Facto Separation: You must apply within 2 years of separation.

How Our Spousal Maintenance Lawyers Can Help You

Financial Analysis

We conduct a detailed review of both parties’ financial positions, including income, earning capacity, property, and financial resources.

Impact on Property Settlement

We advise whether lump sum or periodic payments are more appropriate and how maintenance interacts with your broader property settlement.

Urgent Maintenance Applications

In cases of financial hardship, we can apply for urgent maintenance orders to assist with essential living expenses during proceedings.

Termination of Maintenance

We provide advice on when maintenance obligations should legally end, such as remarriage or significant financial change.

Secure Your Financial Future Today

Don’t leave your post-separation lifestyle to chance. Whether you are seeking support or defending a claim, our spousal maintenance lawyers provide clarity and protection.

Contact our office to discuss your options with a spousal maintenance lawyer.

Email [email protected]
Call us on 02 6621 2481

Why Choose Somerville Laundry Lomax?

With over 100 years of service in the Northern Rivers, SLL is the region’s most established firm. Our family law team combines deep local knowledge with technical expertise in complex financial disputes.

Resolution Focused: We prioritise mediation to reduce stress and legal costs.
Discrete & Professional: We handle sensitive financial matters with confidentiality and care.

Locations We Service

Our spousal maintenance lawyers assist clients throughout the Northern Rivers, including Lismore, Ballina, Byron Bay, Kyogle, Casino, Alstonville, and Evans Head.

Our Office Locations

Lismore
Ballina
Byron Bay
Kyogle

Frequently Asked Questions

Does spousal maintenance last forever?

Generally, no. It is usually paid for a set period (e.g., 2-5 years) to allow the recipient to gain employment or retrain. It ends automatically if the recipient remarries.

How is the amount calculated?

There is no fixed formula like Child Support. The Court looks at your “reasonable” standard of living during the marriage and balances that against the other party’s ability to pay.

What if my ex-partner refuses to pay?

If a Court Order for maintenance is in place, we can assist with Enforcement Proceedings, which may include garnishing wages or seizing assets to cover the debt.

What Our Clients Say About Us

I want to thank your Company and in particular Cassandra Keogh for taking over my Family Law matter. Cassandra’s compassion along with her knowledge and expertise constantly helped put me at ease in finally settling my very messy matter. I would like to thank her for all the help she has given me and would highly recommend her to any future clients.

Pauline Horkings

Dear Sean,

Thank you for taking on my matter and managing it so well. I always felt you had my back and worked hard on my behalf.

I remain very impressed by the team and support staff you lead and can and will recommend your services.

Thank you again for your support and advice along the way.

Fondest regards,

B G

Dear Guy,

I am writing on behalf of the FNCRU Board to thank yourself and your organisation for your continued assistance in the conduct of the Board’s Judiciary meetings, in particular, in the usage of a venue for the conduct of such.

Support such as your own and that of your organisation is essential in the conduct of the business of the zone.

I would particularly commend the efforts of Cassie at our recent meeting last evening, my first in the capacity of a member of a judiciary panel in FNC.

Cassie’s input was not only reflective of your group’s support for FNCRU, but also reflective of your seriousness in support of the process in selecting someone with Cassie’s obvious knowledge of both sport and due process in such matters.

Yours in Rugby,

Jeffrey Brookes, For and on behalf of FNCRU Board FNCRU Board

We have been a client of this law business since the late 1990’s. We always get exemplary service from Guy Latham our solicitor. He has assisted us over the years with Agency agreements in business, with conveyancing on the sale and purchase of 4 properties and with Wills and other issues. Great service always.

Russell Lean

I just wanted to send through a big thank you to the team at Somerville, Laundry and Lomax for all the professional support throughout my compensation process. For me it was not an easy process to go through, being very personal and over 3 years in length. However, when I connected with SLL about 18 months ago the process did become a whole lot easy as I soon became aware that I had the right support.

I particularly want to commend Nathan Job to you (who you originally introduced me to). It is my opinion that Nathan went above the scope of what was required of him professionally and I really felt personally taken care of by Nathan, which would be why I would recommend your firm in the future. He is a very genuine guy who instilled confidence in me throughout the entire process and who always gave honest and wise feedback about the various scenarios we were facing, while allowing me to make all the decisions.

Thank you again and much appreciated.

Carolyn

A huge thank you to Ben Crawford and Sue for the outstanding effort that was required to resolve my Family Court matters.

Your patience and excellent advice have been greatly appreciated throughout this long, unfortunate process and it is wonderful that finally the desired outcome has been realised.

I had a great experience with Somerville Laundry Lomax Solicitors. They were helpful, efficient, and kept clear communication throughout, settling my claim quickly. Special thanks to Izaac and Elizabeth for being so friendly and supportive. I’d definitely use their services again if needed. Highly recommend!