Post-Divorce Money Blues

After separation or divorce, it’s not uncommon to face money problems. Two households are much more expensive to run than one – especially given the fact that the one was previously most probably run on two wages! Money issues are especially grim for the party who has been the primary homemaker and carer for the children – as it’s not rare that they’re unable to afford their day-to-day expenses.

If there are children involved, all parents have to pay child support for the benefit of their children. That means that whoever the child or children live with, or whatever the agreement between the parents is, the child should be supported financially by both their parents.

The party with the primary care of the children should consider making an application to the Child Support Agency as soon as possible after separation. This application will enable assessing what child support is available.

Spousal Maintenance – What Is It?

But even with the child support received from the other party and/or the government, sometimes it won’t be possible for the primary carer to support him or herself and the children. In those circumstances, the party might be eligible for the so-called spousal maintenance. If you think you are entitled to spousal maintenance and you live in New South Wales, call Withstand Lawyers to find out. Please find our contact details below.

Spousal maintenance can be in various forms. Some of them include:

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

Which one of these will be ordered is not set in stone, and depends on the circumstances of your case.

You should be aware that there is no absolute requirement for one party to maintain the other – unless the court orders otherwise. This will, of course, depend on the case itself.

If you cannot reach an agreement with your spouse about the payment of spousal maintenance, your legal representative will advise whether you should make an application to the court.

In some cases where a case has commenced at court, you can seek an order for your spouse to cover a proportion of your legal fees. However, this is only relevant in certain circumstances: for example, if your spouse controls the assets of both of you, and/or earns significantly more than you do.

In any case, to make sure what your spousal maintenance rights in New South Wales are, please contact Withstand Lawyers. If you are a new client, we will welcome you with a free consultation and legal advice.

We are based in offices in Sydney and Parramatta, 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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