What about Financial Support

In addition to a division of your property (called a “property settlement”), you may be entitled to ongoing financial support from your ex-partner (called “maintenance”).

This is different to child support, which is a payment made for the support of children calculated by a formula administered by the Child Support Agency.

Very broadly, you may be entitled to maintenance if you can establish that your post separation financial situation is such that you cannot properly support yourself, taking into account a reasonable standard of living given your standard of living pre-separation, and if you can also establish that your ex-partner has income and assets that are in excess of their needs to maintain themselves.

Your entitlement to financial support may be only up to a property settlement taking place, or may be an entitlement that you continue to have even after final property settlement being made.

Maybe you are the partner liable to pay maintenance. If that is the case, then it is very important when you enter into a property settlement that your ex-partner’s entitlement to ongoing maintenance is considered. The last thing you want is to enter into a property settlement, and then find out that your ex-partner still has an ongoing entitlement to periodic financial support from you. With the right advice, and the right documentation, that problem can be eliminated.

If you need assistance contact me at andreww@andrewwarren.com.au or call one of my offices for a no obligation discussion and for expert legal advice.