Sometimes the breakdown of a relationship can leave one party concerned and struggling to financially support themselves moving forward.
This can occur due to a number of reasons, including where one partner has been a full-time carer for the children of the relationship or other family members, or where one partner has put their own career opportunities on hold to support the progress of the other partner’s career. It may be because one partner has significant health issues or because they are much older than the other partner.
In these situations, it may be appropriate to negotiate an agreement that one partner provide financial support to the other. This is known as spousal maintenance and may be provided periodically over a set time or as a lump sum. It is different from child support and is designed to assist the less financially secure partner to achieve a better level of financial security or opportunity to improve his or her own personal earning capacity.
It is important to understand that although there may be a clear need by one partner to seek spousal maintenance, that need is balanced by an assessment of the other partner’s financial capacity to pay. It is also important to consider that one of the goals of the Courts, when making orders of a financial nature, is to, as far as possible, cleanly sever the financial relationship of the parties. An ongoing responsibility to pay spousal maintenance does not generally accord with this goal.
Phoenix Family Law understands that spousal maintenance is an avenue that should be considered in certain situations and will discuss this with you if needed as a part of your property settlement.