The financial costs of separating and starting over again can be overwhelming, especially if you’ve been relying on your partner’s income during the relationship. It can even be the reason someone delays leaving a relationship.
In situations like this, spousal maintenance can help bridge the financial gap and provide the support you need while you work to gain your financial independence.
What exactly is spousal maintenance?
Spousal maintenance is a legal obligation placed on one partner to financially support the other following a separation or divorce. Unlike child support though, which is solely for the care of children, spousal maintenance helps the lower-earning or non-earning partner, maintain a reasonable standard of living after the separation.
It’s not just about covering necessities either. Spousal maintenance can include other living costs and even legal fees associated with the separation.
Spousal maintenance is there to address any significant disparity in income or earning capacity between the partners. It’s to help ensure both individuals can transition to financial independence without one party shouldering an unfair burden.
Who is eligible?
The court considers certain factors when determining whether one partner should provide spousal maintenance to the other:
- The ability to be or become self-supporting: The court evaluates each partner’s ability to support themselves and takes into account the division of roles within the relationship, their earning capacity, and any other relevant circumstances that may impact one’s ability to become self-sufficient.
- Responsibilities for care of children: If one partner is primarily responsible for the daily care of minor or dependent children, this responsibility may limit their ability to work and earn an income.
- Standard of living: The standard of living during the relationship is taken into account, with the aim of maintaining a similar standard for the partner seeking maintenance.
- Physical or mental disability: If a partner has a physical or mental disability that affects their ability to work and support themselves, it may establish a need for spousal maintenance.
- Inability to obtain adequate work: The court considers whether a partner is unable to obtain reasonable employment that would adequately provide for their needs, given all the circumstances.
- Pursuing education or training: If one partner is undertaking education or training to improve their earning capacity, the court may consider it unfair for them to immediately meet their own needs.
How is spousal maintenance calculated?
There isn’t a one-size-fits-all formula for calculating spousal maintenance. The amount and duration of payments are tailored to the specific circumstances of each couple. Factors that influence the calculation can include:
- Financial means and earning capacity of both partners.
- Reasonable needs of each party, considering their standard of living during the relationship.
- If the paying partner has other dependents.
- Financial and other responsibilities of each partner.
- Any relevant circumstances that make one partner liable to support the other.
- The conduct of the dependent partner if it appears they are prolonging their dependence.
- Any misconduct by the dependent partner that would make it unjust to require the other partner to support them.
How long does spousal maintenance last?
- Spousal maintenance is usually payable for several months or for a couple of years. Only in exceptional circumstances will the court order it to be payable for an extended period.
- Once a relationship has ended, there is an expectation that both parties will make reasonable efforts to become self-supporting. However, this is balanced against factors like age, the duration of the relationship, and responsibilities of caring for children.
- In some cases, it may be unreasonable to expect one partner to achieve financial independence, in which case ongoing maintenance might be necessary.
Typically though, payments will end when:
- The receiving spouse remarries or enters into a new de facto relationship.
- The agreed-upon period of support expires.
- The financial circumstances of either party changes significantly, warranting a review of the maintenance arrangement.
Final word
Spousal maintenance can play a vital role in helping individuals navigate the financial challenges that often accompany the end of a relationship. It ensures that both parties can move forward without undue hardship, balancing fairness with the need for financial independence.