Spousal support or spousal maintenance is an agreement to support your spouse financially after a divorce. This is a process that requires a legal procedure and also requires a spousal maintenance lawyer. In order to find more about this and where and when to consider counsel penitence, take a look at the information given below.
What is Spousal Maintenance?
When you divorce your partner, sometimes one of you will agree to financially support the other party by agreeing to pay them spousal maintenance payments. Generally, this is an arrangement that is made in order to support the financially weaker party in a relationship.
When to Consider Spousal Maintenance?
You can seek for spousal maintenance when you are about to enter a divorce and feel like you will not be able to support yourself financially – this can be due to different situations. Going through a divorce itself will put you in a sudden change in life which can be taxing on your finances, and sometimes on your career too. As a result, this can make a serious impact on your standard of living as well. When you face such a disadvantageous position, you can consider applying for spousal maintenance.
When is Spousal Maintenance Payable?
When one considers spousal maintenance, this does not mean that everyone is paid a spousal maintenance. The reasons a spousal maintenance becomes payable is if one party has a need for financial support, the other party has the capacity to provide that support and to would be proper in all the circumstances that the support be provided.
How is Spousal Maintenance Calculated?
There is no specific calculation to know the exact sum that the financially weaker party should receive. But it may depend on several factors such as how much you need for everyday living, your current income, how much you could potentially earn in the future, the assets that belong to the party making the payment and how many children you have and their welfare.
Applying for Spousal Maintenance
Application for spousal maintenance has to a few steps. An application can be lodged in the Family Court, filing a Form 1 initiating Application. This needs to have supporting affidavit evidence and a form 13 financial Statement setting out your current situation with finances. In order to understand the situation better, it is always necessary to go to the right legal consultants.
If you looking to contact a spousal maintenance law firms Melbourne will have a couple of places that can recommend good legal advisors for you. When separating, you can apply for spousal maintenance on the day the separation is finalised. But if you were married and is about to divorce, you will not have to wait till that long.
Legal procedures are always delicate matters with a lot of details and facts. This is why it is necessary to know the basic of spousal maintenance. This includes knowing when to apply for you and knowing who to go for. So, make sure to remember these tips as they will be helpful.