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All about Alimony

Not all marriages end happily and divorce or legal separation of spouses is on the rise due to several factors. If you are facing a turbulent period in your marriage and contemplating separation, it would be helpful for you to know everything about alimony or maintenance.

What is alimony?

In Australia, alimony is commonly referred to as maintenance. It is the money paid by one party of a marriage to another when the marriage has ended in separation and one spouse is unable to maintain himself/herself adequately. The Federal Magistrates Court or the Family Court deals with matters of spouse maintenance.

Divorce lawyer can work out the most beneficial alimony terms on your behalf, you too must be aware of your rights and obligations.

Factors deciding Alimony

Maintenance is not an inevitable part of divorce proceedings. The courts take into consideration several factors including your requirement and your spouse’s capacity to pay. Other factors considered by the courts while deciding on maintenance include your present health and age, your financial condition, resources, properties and other assets and your income.

It will also consider your present standard of living, if your marriage has somehow changed your ability to work and earn and if children under eighteen (or adult disabled children) are staying with you.

In case of de facto relationships, the application can be made within two years of separation of de facto couples. In case you apply later than the specified time period, you may no longer be eligible for alimony and the court may not give you a favourable verdict.