As with most things in family law, the answer is … it depends
Spousal maintenance in Western Australia is governed by Section 72 of the Family Law Act 1975 (section 205ZC of the Family Court Act 1997 for De facto couples).
The Key factors that are taken into account are:
Financial Need: If you cannot support yourself adequately due to income disparity or other factors, you may qualify for spousal maintenance. You will need to show why you are unable to support yourself and why the other party is reasonably able to support you.
Income and Assets: The court considers both parties’ financial resources that are available to pay for their living expenses, and their financial obligations that need to be met.
Childcare Responsibilities: Primary caregivers may be eligible for support if caring for children affects their ability to work, particularly if the children are younger in age.
It is not uncommon that someone seeking maintenance will have limited funds available to them for their living expenses. It is always best to deal with matters as soon as possible, and to see if a resolution ca be reached by agreement.
Understanding these factors and seeking legal advice can help navigate spousal maintenance effectively under Western Australian law.
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