Spousal Maintenance

We allow you to focus on what is really important to you, growing your business.

At Lewis & McNamara Solicitors, we understand the financial impact and interruption an unresolved building dispute can have on you and your business, not to mention the undue stress. Our proactive approach to building dispute avoidance and resolution maximises your outcomes, while minimising the stress and disruption to the daily workings of your business.

We are firm believers in the adage that prevention is better than a cure.

Our team partners with you to create highly effective strategies that work towards significantly mitigating the risk of these deputes arising for you. Partnering with our team allows you to focus on what is really important to you, growing your business.

So how is Spousal Maintenance calculated?

The first thing the Court tends to look at is the financial position of the person applying for Spousal Maintenance (the applicant)

Particularly, the court will consider the income, expenses, assets and liabilities of the applicant spouse.

If the applicant spouse has entered into a new de-facto relationship then the Court will also look at the financial arrangements between both of you and the financial circumstances of that new de-facto relationship.

The Court will also then consider the “income earning capacity” of the person applying for maintenance.

This means the court will also look at whether the person applying to receive payment of Spousal Maintenance has any “ability to earn” which they are not exercising.

There are cases where Courts have decided that the person seeking that Spousal Maintenance be paid to them is actually able to support themselves, but they are supporting themselves because they are not exercising the full extent of their ability to support themselves.

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