Separation: Steps to Consider and Spousal Maintenance
Separation and relationship breakdown can be a time of emotional turmoil. Although
you might not have made that final step to proceed and are only considering separation,
now is the time to begin to prepare. By undertaking a number of actions now, you
will be able to avoid some of the hassle and expense when the time comes.
As such, consider some of the following:
- Professional Counselling. Separation is a difficult time. For many, it is important
that they work through any emotional pain with a qualified professional. This is
even more the case if family violence has been a part of the relationship.
- List Property, Assets, Resources and Furniture. Prepare an inventory of all the
assets both parties own. In relation to the division of furniture, also determine
what it would expect to receive at market. This will help when it comes time to
distribute.
- List Liabilities. Also list any liabilities you/your partner have and to whom the
debt is owed.
- Bank Matters. Many of us have joint accounts with our partners. It is sensible to
change how you and your partner can access these accounts. Ensure that both parties
have to approve any dealings related to the account. It’s also a good idea to cancel
any credit cards that are held in both names.
- Income Support. If you are considering separating from your spouse and you are not
employed/your partner has been the sole income earner, applying to Centrelink for
income support should be considered.
- Child Support. The Child Support Agency can provide useful advice and information
as to how much support you can expect to receive or will need to pay.
- Wills. One of the most important actions you can take when contemplating separation
is that of revising your Will. This is even more relevant if your partner is the
executor or beneficiary.
- Other Considerations. If relevant, ensure that you advise all contacts of your new postal address.
It is extremely important to note that assets should never be sold, given away or
destroyed prior to settlement. A Family Court Injunction can be sought if you believe
your spouse will do this. It is recommended that legal guidance be obtained prior
to getting an Injunction.
Separation and Spousal Maintenance
Spousal maintenance guidelines are directed by the Family Law Act. It states that
any married party is potentially legally responsible for the maintenance of the
other party upon separation. This is only relevant if the party that requires the
maintenance cannot support themselves in a satisfactory manner. In order to determine
the matter, the Court will take into consideration some specifics, such as: the
party’s age; if they have care of children from the relationship who are under 18
years of age; the party’s ability to obtain gainful employ; and, any other specific
reason they see as impacting upon the maintenance.
Centrelink Payments
When determining spousal maintenance, the Court does not take into consideration
any type of Centrelink payment. If the spouse’s sole income support comes from Centrelink,
they are then regarded as having nil income.
Change of Circumstance
There are a number of instances where the payment of spousal maintenance will be
stopped or altered. Upon death or remarriage, spousal maintenance will cease. Moreover,
if either party’s financial situation changes, the Court Order can be adjusted.
Periodic Spousal Maintenance
In a number of cases, the Court can Order the payment of spousal maintenance for
only a certain time period. This could cover educational expenses for the children
or to provide enough time for the other party to become gainfully employed.
Application and Payment
A party can apply for spousal maintenance as soon as they become separated. They
do not need to be divorced to be eligible. If divorce has already occurred, a party
has one year (12 months) from the date of decree absolute (i.e. one month following
the divorce hearing) to lodge the application. It is possible to still apply after
this time period; however, it must be proved that there are extenuating circumstances.
Payment of spousal maintenance is often provided as a lump sum. However, periodic
payment is also possible. In many instances, the lump sum method is preferred because
it reduces the level of hassle involved.
Other Services:
- Children's Issues
- Child Support
- De Facto & Domestic Relationships
- Domestic/Family Violence
- Financial Agreements
- Property Division