Frequently Asked Questions

Q: What conditions must be met for spousal maintenance?

In order for one spouse to be maintained by the other, there are two general conditions that should be met. First, one spouse must be “unable to support herself or himself adequately” by the reasons set out in s 72(1) of the Family Law Act 1975. Secondly, the other spouse is reasonably able to maintain the other party. In the Marriage of Sharpe (1978) 31 FLR 500 at 501, Toose J noted that unless both conditions are met, there may be no maintenance liability for either spouse.

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