Spousal Support Amidst Separation: Guidance from CM Lawyers in Sydney, NSW, Australia

February 13, 2024

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Spousal Support

The landscape of family law matters, particularly spousal support, is predominantly shaped by federal law in Australia, specifically the Family Law Act 1975. Navigating family law complexities necessitates the expertise of legal professionals. At CM Lawyers in Sydney, our team is committed to providing you with the latest, tailored information for your unique situation.

Duty Of Financial Support

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Under the provisions of the Family Law Act, the duty of financial support between spouses, including de facto couples, extends through the period of separation and, in certain instances, post-divorce. Various factors are taken into consideration when determining spousal support:

  • Financial Need: The court thoroughly examines the financial circumstances and needs of both parties.
  • Ability to Pay: An assessment is made regarding the capacity of the paying party to provide financial support.
  • Standard of Living: The court may consider the established standard of living during the marriage or de facto relationship.
  • Age and Health: The age and health of both parties play a role in shaping spousal support considerations.
  • Caring for Children: Primary responsibility for the care of children can significantly impact spousal support deliberations.
  • Contributions: Both financial and non-financial contributions made by each party to the marriage or de facto relationship are taken into account.

It is crucial to understand that spousal support can manifest in various forms, such as periodic payments, lump-sum payments, or the transfer of property.

If you find yourself grappling with a separation or divorce and harbour concerns about spousal support, CM Lawyers strongly advises seeking legal counsel from our qualified family law professionals. Family law is dynamic and subject to changes, and individual circumstances vary. Laws are always being updated and changed, emphasizing the importance of consulting with our legal professionals for the most current and accurate information tailored to your specific circumstances. Contact Us to discuss your situation in depth and find out what your legal rights are today.

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