Spousal Maintenance Lawyers Melbourne

Spousal maintenance can be a key element of a financial settlement, and our Melbourne lawyers provide expert advice on applying for, responding to, drafting and altering spousal maintenance agreements.

Forte Family Lawyers Partners
“I cannot express how grateful and how thankful I am to you for all of your hard work on our case.  Finally we can move on feeling safe. So again, thank you from the bottom of our hearts.”

Louise – Queensland

“Thank you Jacky and everyone else at Forte for all your hard work and expertise on my and my children’s behalf. It’s a fairly spectacular result that I’m extremely pleased with.”

Leo – Melbourne

Divorce Lawyers Melbourne

Highly Experienced Spousal Maintenance Lawyers

Work With Melbourne’s Trusted Spousal Maintenance Lawyers

Handling spousal maintenance matters can be overwhelming without the right legal advice. Our experienced team is here to guide you through the process, offering practical solutions based on our extensive knowledge of Australian family law and its application to your unique situation.

We will advise you about the distinction between spousal maintenance, property obligations and child support and how to achieve the best overall financial outcome.

Whether you need assistance negotiating agreements or representation in court proceedings, we provide a range of legal services tailored to your specific needs.

Why Work With Us?

Proven Success

Leverage our proven success in handling a wide range of financial support family law matters in Australia and internationally, delivering effective outcomes for our clients.

In-Depth Expertise

With extensive knowledge of family law complexities, including the interaction of child support and spousal maintenance, we ensure you’re equipped to make well-informed decisions and plan your future with confidence.

Reliability & Assurance

You can trust our experienced team to provide up-to-date legal advice and unwavering support throughout your journey, guided by decades of expertise.

Book an Appointment

Get started by booking an appointment with one of our team members.

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Handling Your Spousal Maintenance Matter with Expertise and Care

At Forte Family Lawyers, we emphasise communication and collaboration to secure the best possible outcomes for our clients. Our team approaches each spousal maintenance case with professionalism and care, ensuring we listen to your concerns and provide clear answers to your questions.

We take a comprehensive approach that blends legal expertise with empathy, recognising the unique circumstances of each situation. Whether you need assistance negotiating spousal maintenance agreements, resolving disputes or with court proceedings or advice on how child support and spousal maintenance entitlements relate, we are dedicated to providing comprehensive support for your family law matter.

What areas can we assist with?

Spousal Maintenance Claims

Guiding you through the process of making a claim for spousal maintenance, ensuring a fair assessment of your needs and entitlements.

Responses to Spousal Maintenance Claims

Providing expert advice and representation if you are responding to a spousal maintenance claim, helping to protect your financial interests.

Altering Spousal Maintenance Agreements

Assisting in modifying existing spousal maintenance agreements, whether due to changes in circumstances or evolving financial needs.

Binding Financial Agreements

Drafting and reviewing financial agreements to protect your interests in the event of a separation or divorce, including provisions for spousal maintenance.

Interim & Final Orders

Providing legal support in obtaining both interim and final orders related to spousal maintenance, ensuring your financial security during and after the legal process.

De Facto & Divorce Claims

Offering comprehensive legal services for spousal maintenance claims arising from de facto relationships or divorce proceedings, ensuring your rights are upheld.

Resolving Spousal Maintenance Matters With Expertise & Clarity

Whether you are seeking to make a spousal maintenance claim, responding to one or looking to amend an existing agreement, our team are highly skilled at addressing complex financial matters and associated legal processes.

We understand that spousal maintenance cases can be challenging, particularly when multiple factors – such as having to stop work or other changes in financial circumstances or health challenges – come into play. We provide clear, actionable advice to ensure your rights are protected, whether through negotiation, agreement, or court proceedings.

From initial claims to responses and alterations of maintenance agreements, we offer comprehensive support to help you navigate the legal system efficiently and ensure the best possible outcome.

Meet Our Team Of Spousal Maintenance Specialists

We specialise in spousal maintenance matters, providing comprehensive support and clear advice to help you understand your rights and options throughout the process.

Jacky Campbell

PARTNER
ACCREDITED FAMILY LAW SPECIALIST

Wendy Kayler-Thomson

Wendy Kayler-Thomson

PARTNER
ACCREDITED FAMILY LAW SPECIALIST

Jason Walker

PARTNER
ACCREDITED FAMILY LAW SPECIALIST

Related Publications

Hall, the High Court and spousal maintenance

The High Court considered spousal maintenance and the term “financial resources” in Hall v Hall (2016) FLC 93-709. An earlier article discussing the decisions of the trial judge and the Full Court in detail and can be read here. Overview The High Court, in Hall,...

read more

High Court to consider spousal maintenance

Implications for Spousal Maintenance In a rare foray into the Family Law Act 1975, and an even rarer foray into the entitlements of parties to an order for spousal maintenance and particularly interim spousal maintenance, the High Court has granted special leave to...

read more

Customer Reviews

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Chris G
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I am out meeting women in the hope of getting divorced again as the client service from Forte was exceptional. Roderick and Jackie were terrific and made an unpleasant process as pleasant as possible. 10/10 would consider having my heart ripped out and stomped on again to enjoy Forte's client service.
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jayden healey
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If you’re after a genuine no BS review, I’ll give you one. Litigation in any sense is stressful, emotional and exhausting, it was for me, so save yourself all of those negative feelings and contact Kristy and Emily at FFL. I engaged numerous firms for months prior to reaching out to Forte Family Lawyers, I felt hopeless by that point, thankfully I struck gold I would never ever have achieved the outcome I did if I did not meet Kristy and Emily, that’s just a simple fact. Litigation is expensive for anyone, but their caring approach, professionalism, industry experience both domestically and internationally are worth ten times what they charge. You won’t be just another number, another client and you will have a genuine commitment by an amazing team that stop at nothing to drive the best possible outcome for you, you won’t get that somewhere else because I tried. I rarely leave reviews, I’m not paid to do this review, I wasn’t asked to do this review. It’s the truth for anyone who’s scared to make a wrong decision, call them because that is the only right decision you can make. I won’t forget you guys. Thank you. Regarding some of the negative reviews, just remember the “client instructs the lawyer” not the other way around. Forte are very clear on this from day one.
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Hayli Haworth
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Forte Family Lawyers have been absolutely exceptional throughout our matter. From the very beginning, the entire team demonstrated professionalism, strategic thinking, compassion and an incredible depth of family law knowledge. A special thank you to Jacky Campbell, whose strategy, experience and understanding of the family law system were second to none. Jacky always seemed several steps ahead, gave honest and practical advice, and approached every issue with confidence and precision. Having someone so knowledgeable leading the matter provided enormous reassurance during an incredibly stressful time. Sarah Clarke deserves enormous recognition for her outstanding dedication, attention to detail and work ethic throughout the entire process. Sarah was incredibly thorough and consistently demonstrated an exceptional understanding of the file, even across a huge volume of material and complex issues. Her memory and retention of detail were genuinely impressive and she always seemed completely across every development, date, allegation, document and strategic point without anything ever needing to be repeated. She was proactive, organised, responsive and clearly invested in achieving the best possible outcome for us. Her professionalism and commitment gave us enormous confidence at every stage. Roderick Rajesh was also fantastic throughout the process. Although he joined the matter later on, he came into the file completely across every detail almost immediately, which gave us enormous confidence in his ability and professionalism. His memory, retention of information and understanding of the history of the matter were genuinely impressive. Combined with his calm, supportive and reassuring nature, he made a huge difference during some very stressful periods. He always took the time to listen, explain things clearly and provide thoughtful guidance when it was needed most. Silvia at reception was always incredibly warm, welcoming and helpful. She consistently provided amazing customer service and made communication with the firm easy and comfortable. The entire team at Forte Family Lawyers worked collaboratively, efficiently and professionally throughout our matter. You can tell they genuinely care about their clients and take pride in achieving the best possible outcomes. We cannot recommend Forte Family Lawyers highly enough to anyone needing experienced, strategic and compassionate family law representation.
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Kerry Nixon
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At a time when life looked incredibly bleak, the wonderful team at Forte Family Lawyers gave me hope and allayed my worst fears. Kristy Haranas patiently explained how the law worked, helped me comprehend the uncertainty associated with court action, and fought hard for a settlement I can live with. Yes, Kristy, it would have been an interesting case to litigate, and I thank you enormously for not letting me take that path. Jackie Campbell and Sarah Clarke were equally fabulous.
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Sally A
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The expertise and professionalism I received from Jemma Mackenzie and the team at Forte was outstanding. They took the time to listen to my concerns, understand my situation, and at every stage helped me understand the legal process and the options available. Forte's team made me feel supported, knowledgeable and empowered to make the decisions required for my matter. I highly recommend!
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sharon ryan
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Reflecting on the last 2 & a half years & where our family are now, thank you Forte Team. From Sylvia’s friendly welcome to the enormous amount of time, effort, prompt advice & caring support Jacky, Sarah & all involved consistently gave us. You guided us through very complex circumstances with compassion & professional focus. Because of you, we are now part of a village helping a child to have the best life possible.
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Julia Tomaskovic
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Thorough and compassionate advice provided by Kristy under urgent and distressing circumstances. Thank you 🙏
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Sarah Nicholas profile picture
Sarah Nicholas
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I want to thank Jason & Elizabeth for the time taken to share their legal expertise not only with a high level of knowledge & understanding of the system, but also with the utmost care and empathy. I won’t forget how I went into that appointment feeling empty & how I left feeling like I had a sense of direction and a new found hope that the light at the end of the tunnel was closer in sight than initially expected. Thank you from the bottom of my heart!

Contact Forte Family Lawyers

CONTACT

Our professional Family Lawyers in Melbourne are ready to listen.

Level 15
600 Bourke Street
Melbourne 3000 Victoria Australia

PO Box 13172
Law Courts
8010 Victoria Australia

Telephone
+61 3 9248 5800

Email
enquiries@fortefamilylawyers.com.au

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Frequently Asked Questions

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What is spousal maintenance?

Spousal maintenance is financial support payable by a husband, wife or de facto partner to the other partner if they are unable to support themselves adequately after a relationship breaks down. Once established, the liability may continue after divorce.

Spousal maintenance can be applied for at any time before a divorce becomes final. However, once a divorce becomes final, there is a 12-month time limit for bringing an application for spousal maintenance. It is more difficult to apply for spousal maintenance after this 12-month limit.

Can spousal maintenance payments be organised with property settlement?

Yes, spousal maintenance payments can be arranged alongside a property settlement. During the divorce or de facto separation process, a person seeking maintenance may request spousal support as part of the property settlement or via a spousal maintenance order. Frequently, spousal maintenance will end upon the finalisation of a property settlement. In some circumstances the entitlements may continue. Family law services can assist in negotiating the terms of maintenance and financial support as part of finalising the financial future post-separation.

What are the criteria for a spousal maintenance claim in Australia?

To seek spousal maintenance, the person seeking maintenance must prove they are unable to adequately support themselves due to factors like financial hardship, mental or physical incapacity, or caring for a child and that the prospective payer can pay the potential liabilities. Once the threshold test is met, other factors determine the level of the maintenance paid. The Family Law Act considers the financial capacity of both parties involved, their needs and whether the person seeking maintenance has reasonable expenses they cannot meet without assistance.

How much is spousal maintenance in Australia?

The amount of spousal maintenance depends on the individual circumstances of both parties involved. Factors like the financial capacity of the paying party, the needs of the person seeking maintenance and any child support payments will be considered. Payments can be ordered in regular instalments or as a lump sum payment, determined by a Family Court order or consent order.

What is the test for spousal maintenance?

The test for spousal maintenance is whether the person seeking maintenance can support themselves financially, and, if not, can the other party afford to meet the pay the shortfall? The Family Law Act 1975 considers factors such as the financial resources of both parties, and their ability to obtain employment. The Federal Circuit and Family Court assesses whether the paying party can provide financial support, taking into account their capacity to do so.

Is there a time limit for spousal maintenance?

There is no set time limit for spousal maintenance, but it typically lasts until the person seeking maintenance becomes financially self-sufficient or enters a new de facto relationship or marriage. Maintenance may also be reviewed if there are significant changes in circumstances, such as the paying party’s financial capacity or the person seeking maintenance’s ability to support themselves.

Time limits on applying for spousal maintenance

There are time limits for applying for spousal maintenance. These applications must be made within 12 months of a divorce or, if the parties are in a de facto relationship, within 2 years of the breakdown of the de facto relationship.

Are de facto couples eligible to apply for spousal maintenance?

Yes, spousal maintenance can apply after either a marriage or de facto relationship breaks down. De facto couples can apply for spousal maintenance if they have separated and one partner is financially dependent on the other.
The Family Law Act 1975 recognises de facto relationships, and a former de facto partner can seek financial assistance if they are unable to adequately support themselves. The criteria for spousal maintenance in de facto relationships are similar to those in marriages.

Does one partner have to support their former spouse or de facto partner during separation in Australia?

Under the Family Law Act 1975, one partner may be required to provide financial support during separation if the other party is in financial hardship. The person seeking maintenance must show they are unable to adequately support themselves and meet their own reasonable expenses without assistance. If spousal support is ordered, it can be formalised through consent orders or a financial agreement, depending on individual circumstances.

How long is spousal maintenance paid for?

The duration of spousal maintenance depends on the financial needs of the person seeking maintenance and the paying party’s financial capacity. It may continue until the recipient is financially self-sufficient or be a fixed period as specified by a court order. Maintenance may end sooner if the recipient enters a new de facto relationship or marriage.

How is spousal maintenance paid?

Spousal maintenance can be paid in regular payments or as a lump sum, as determined by a financial agreement or consent order. The person seeking maintenance can receive spousal maintenance in instalments, and the payments are typically made directly to them. The court considers both parties’ financial situations and the other party’s ability to provide financial support when ordering payments.

How is spousal maintenance legally formalised?

Spousal maintenance is legally formalised through a court order, which outlines the amount, frequency and duration of payments. Alternatively, parties involved can agree on the terms of maintenance through consent orders. Legal procedures will involve seeking legal advice from spousal maintenance lawyers to ensure all relevant factors are considered, including the financial resources and needs of both parties involved.