Spousal maintenance and de facto maintenance lawyers.
If you’re separating or have recently separated and are worried about how you’ll manage financially, our knowledgeable and compassionate family lawyers in Adelaide and regional SA are here to support you with clear, practical advice tailored to your situation.
We understand that separation brings not only emotional challenges but also financial uncertainty — especially if you’re unable to meet your reasonable living expenses on your own. You may be entitled to financial support from your former partner in the form of spousal or de facto maintenance, depending on the nature of your relationship.
Under the Family Law Act (1975), a person has a legal responsibility to financially support their former spouse or de facto partner if that person cannot meet their reasonable needs from their own income or assets. For married couples, this is known as spousal maintenance. For de facto partners, it’s referred to as de facto maintenance. In either case, maintenance may be paid as regular (periodic) payments or as a lump sum.
Our team will help you understand how the law applies to you, assess whether you may be eligible for support — or have an obligation to provide it — and guide you through every step of the process with care and expertise.
To establish an entitlement to spousal maintenance or de facto maintenance, the Family Law Act (1975) requires the recipient spouse to establish:
- That they (the recipient) have a genuine need for financial support; and
- That their spouse (the payer) has the capacity to provide financial support.
The reasons why a person may not be able to financially support themselves after separation or divorce include:
- Their age and health;
- Their responsibility to care for a child or children of the relationship who are under the age of 18 years (and adult dependent children who are disabled);
- Their sources of income, other assets/property, and financial resources; and
- Their ability to work (which can include an evaluation of their skills, qualification, experience, and time spent out of the workforce to focus on raising children and performing home duties).
It is also relevant to identify a suitable standard of living (having regard to the manner in which the parties conducted their financial affairs during the relationship) and to determine whether or not the recipient can sustain that standard without the assistance of the payer.
A payer may be deemed to have the capacity to provide financial support if there is a surplus of funds between their income and ordinary expenses.
Spousal maintenance and de facto maintenance can be negotiated between parties and any agreement reached can be formalised so that it is binding on each of the parties.
Or, if an agreement cannot be reached, a party may apply to the Court for maintenance Orders.
If you’d like to find out more about your maintenance entitlements or obligations, call us or submit an online enquiry.
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Matrimonial property settlements
When a married couple separates, often, each spouse will have a property settlement claim because of rights, entitlements, and obligations that are set out in the Family Law Act 1975.
A property settlement is an agreement between a separated couple about how they will divide their assets, liabilities, and superannuation interests after they separate.
The usual approach for sorting out a matrimonial property settlement involves a preliminary question and four steps.
Essentially, that framework focuses on what there is to divide and how to divide it fairly.
Family Dispute Resolution practitioners, mediators, lawyers, and the Courts all use that same framework to help people to work out property settlements.
Click here to find out more about how we can help with your matrimonial property settlement.
De facto property settlements
When a de facto couple separates, often, each person will have a property settlement claim because of rights, entitlements, and obligations that are set out in the Family Law Act 1975.
A property settlement is an agreement between a separated couple about how they will divide their assets, liabilities, and superannuation interests after they separate.
The usual approach for sorting out a de facto property settlement involves a preliminary question and four steps.
Essentially, that framework focuses on what there is to divide and how to divide it fairly.
Family Dispute Resolution practitioners, mediators, lawyers, and the Courts all use that same framework to help people to work out property settlements.
Divorce
Divorce is the formal, legal ending of a marriage.
Getting divorced involves making an Application for Divorce and obtaining a Divorce Order.
But, a divorce does not resolve property settlement, spousal maintenance or parenting arrangements. Those are separate issues.
Post-separation parenting arrangements
Parenting arrangements made after separation must prioritise the best interests of the child and, where possible, support each parent to maintain a positive, meaningful relationship with the child.
We can help you to make parenting arrangements that cover things like who a child will live with, how much time they spend with each parent, what happens on special occasions (like school holidays, birthdays, Christmas, and Easter), how communication between households will happen, and practical matters—like access to medical and school information.
Child support
After parents separate, each of them continues to have a responsibility to support their child.
Child support is the financial support paid by one parent to the other, after separation occurs, for the specific benefit of their child.
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