Spouse Maintenance: Who Shall Pay?

Spouse Maintenance: Who Shall Pay?

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In divorce, one of the issues that need to be tackled and agreed on both parties is the issue of the spousal maintenance and if who shall pay for it. It is the court that will decide who will pay for the spouse maintenance of one partner depending on the few factors that the court will take into consideration before he/she will announce the decision. Regardless of who to pay, the good thing about the spousal maintenance in Australia is that doesn’t have to be a husband’s burden since if the husband wage is low, there is a high potential that it is the other way around who will pay for the spouse maintenance.

The spouse maintenance also is known as alimony is a financial support rendered by one person to his/her partner after the divorce until the agreed timeframe. Alimony may differ in system and rule according to the state or country. Like for example, there are places that alimony is a lifetime payable and unless the other partner will get into a new relationship you will continue to support her. But this is not in the case in Australia. In some place too, it is the husband that will pay the alimony but in Australia, the alimony is gender-neutral. Meaning to say, it doesn’t matter if it is the wife or the husband that shall pay the alimony and this support too generally just for a specific length of time. That is why it is important that you will study how the alimony of the state work to answer your concern.

It is normal for couples to have the big difference on their income. One partner may or cannot earn as much as the other. Aside from the difference in income of the two people in marriage, there are also other things that the court will consider in drafting a decision for the spousal maintenance order and these are the following:

1. The health of the two people.

2. The age of them.

3. Their ability to work.

4. The possible effect of divorce on their earning ability, such as if one will task to take care of the children.

5. The living standard of the parties.

Spousal maintenance order aims only for the recovery or rehabilitative process for the transition in divorce and is not designed to be a maintenance for life. This will usually last only for 2 years or until the time the one partner can able to support herself/himself. There are few ways the partner can pay the spouse maintenance such as weekly or monthly. The spousal maintenance can also be paid in bulk or lump sum after dividing the property.

This article for the purpose to give general guidelines and help, however, it is highly recommended for the concerned parties to seek the legal advice of the lawyer in order to protect yourself from the possible irreversible outcome of the decision of the court. If you want to read more article about the law, you may visit http://astonlegal.com.au

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