Money Issues: What Happens After Divorce

Many people face money problems after separation or divorce – that’s something that’s quite common. Bear in mind, two households are almost always much more expensive to run than one – especially when you remember that the one you lived in previously was most probably run on salaries of two people!

If you have been the primary homemaker and carer for the children, unfortunately, you may expect to face some money issues. The party that has acted as the primary homemaker and carer for the children sometimes finds that they’re unable to afford their basic daily expenses.

Sometimes a way to resolve this issue is paying child support. If there were any children in the marriage, both parents will have to pay child support for the benefit of the children. Basically, no matter who the child lives with, or what the agreement between the parents is, the child should be supported financially by both their parents.

Spousal Maintenance – Factsheet

But even if the party who is the primary carer receives the child support, sometimes it is difficult for them to support him or herself and the children. If that is the case, the party might be entitled to receive the spousal maintenance under the Family Law Act. If you think this could be you, please do not hesitate to contact us.

Spousal maintenance can come in a number of forms, such as:

  • Paying a lump sum of money.
  • Paying a sum of money on a periodic basis.
  • Paying various expenses of the party.
  • Making mortgage payments for the home in which the party lives with the children.

The order on the form of spousal maintenance comes from the court, after your circumstances have been reviewed.

Please note that unless ordered otherwise by the court, there is no absolute requirement for one party to maintain the other. Of course, this depends on the case itself and the circumstances the parties are in.

If you and your former spouse have issues reaching an agreement about the payment of spousal maintenance, your legal representative will advise whether you should make an application to the court.

If your case has commenced at court, you can seek an order for your former spouse to cover a proportion of your legal fees. This is only applicable in a limited number of circumstances: if your spouse controls the assets of both of you, and/or earns significantly more than you do.

To make sure what your spousal maintenance rights under the Family Law Act are, please contact Withstand Lawyers. We welcome all our new clients you with a free consultation and legal advice.

We are based in offices in Sydney, Parramatta and Brisbane, but we can also schedule an appointment in Blacktown, Bankstown, Campbelltown, Central Coast, North Shore, Penrith or Wollongong.

Call us at 1800 644 541, send us an email at info@withstandlawyers.com.au, or send an online inquiry, and we will schedule a meeting with one of our divorce lawyers as soon as possible.

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