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Spousal Maintenance Lawyers

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Sunshine Coast Spousal Maintenance Lawyers

Did you know the Family Law Act accounts for financial discrepancies between separating couples through it? Many people worry about their financial situation after divorce. 

Looking for Assistance?

After going through a divorce, many parties need access to financial support. This is because in many relationships, one spouse has greater access to financial resources than the other. This can occur for many reasons, but one of the most common is traditional marital roles.

Often, one partner will give up their career to care for the home and take primary care duties for children. Time out of the workforce has implications for that person’s future earning capacity. They lose valuable work place experience and will likely need to accept an inferior position. As a result, spousal support is essential if the relationship breaks down.

The process is also sensitive to the difficulties experienced by those suffering a physical or mental incapacity.

Shanahan Family Law - Luke Shanahan
What is spousal maintenance

What is spousal maintenance?

Spousal maintenance is when a party in a more financially secure position provides payments to their former partner who can’t adequately support themselves. You can be required to pay maintenance after the end of a marriage or de facto relationship. In limited circumstances, maintenance can be paid before a couple has separated. In the event that your marriage has been annulled, you may still be eligible for maintenance. Unlike child support, it can be factored into property settlement negotiations.

Do I Have to Pay for My Spouse's Maintenance?

The Court considers the needs of the applicant and the respondent’s ability to pay. These are some of the considerations to determine if there’s any payable:

Your age and health.
Your income, property, and financial resources.
Your ability to work.
What is a suitable standard of living.
If the marriage has affected your ability to earn an income.

Spousal maintenance ceases if you remarry. If you enter a de facto relationship, the Court considers your financial relationship with your new partner to determine if maintenance should continue. The payments can be made at regular intervals or as a lump sum.

Why Do You Need A Lawyer for Spousal Maintenance?

Not seeking legal advice during a divorce can have major ramifications. Here are some common pitfalls parties fall into regarding financial support.

Not recognising your entitlements

Many clients aren’t even aware they qualify for maintenance payments. This lack of knowledge can cost you critical funding you may rely on in the future.

Inadequate preparation

You may need to demonstrate your need for support payments. This can mean gathering relevant documentation and filing applications. Without professional assistance, you may fail to meet the necessary requirements.

Unrealistic expectations

The Court defines what it considers appropriate compensation by law. If you’re unfamiliar with the Family Court, their findings may not meet your expectations.

Unbalanced agreements

A binding financial agreement (BFA) is sometimes used by parties to exempt them from paying maintenance. If you receive substandard legal advice, you could end up losing out on your entitlement.

How Can Our Lawyers Help?

We know you’re concerned about partnering with the wrong law firm. Our years of experience speaks for itself. Our experienced team will ensure you’re aware of your entitlements. All our clients are aware of the likely outcome of their case so there aren’t any unexpected occurrences. We are familiar with commencing legal proceedings and will ensure you are prepared to make your application.

When you need independent legal advice for a binding financial agreement, we’ll ensure that any necessary financial support will be included.

Why Choose Us?

We approach all legal matters with empathy and seek to understand your unique circumstances.

We have many years of experience across all areas of family legal matters and can guide you through the entire process.

If you’re dealing with an uncooperative former spouse or de facto partner, we can leverage dispute resolution avenues to find a suitable outcome.

Our team can provide court representation if your case enters litigation.

Ensure Fair Support

It can be challenging, but you don’t have to do it alone. Our experienced team is dedicated to helping you secure the support you deserve. With our guidance, you can achieve a fair and just outcome.

Meet The Owner

Luke Shanahan​

Principal Solicitor​

As principal solicitor, Luke Shanahan is reliable and experienced, offering compassionate support to people and families experiencing the most difficult circumstances through a divorce or separation. Whether you’re seeking help with child support, parenting matters, divorce, property consent orders, financial agreements, domestic violence, joint applications for divorce, or the preparation of DIY affidavits and consent orders, Luke can help.

As sad as it is to see couples and families split, he feels privileged to be able to help his clients find a better life through their services. “I believe we all deserve a second chance at finding a better life, and if this is through a divorce, then we will do everything we can to ensure our client’s success through whatever means.”

Luke Shanahan — Principal Lawyer

Take a look at what our clients say

Testimonials

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Rakesh kharel
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I want to sincerely thank Danielle and her entire team for their ongoing support. I am truly overwhelmed and moved to tears at the thought of reaching such a meaningful milestone, possibly as soon as this weekend. I deeply admire everything you have done to help me get to this point. Your dedication, professionalism, and empathy have made an incredible difference.
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Tania Smiley
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I highly recommend Shanahan Family Law. I felt supported, listened to and always confident in the advice given to me. They made the unpleasant situation I was dealing with effortlessly comfortable for me. Everybody I dealt with was utterly amazing. Thank you.
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Danielle Mair
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I had a great experience with Shanahan Family Law. The team was professional, responsive, and compassionate throughout the entire process. I felt supported and well informed at every stage. Thank you for your guidance and excellent service
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Georgia And Ryan
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Good people with good processes. Fair and good to deal with. Thank you Ritchie, Luke and the team.
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Kate McDonald
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Beyond grateful
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Aaron Young
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The team was very helpful in fostering and maintaining a good relationship and working with us for a final outcome. All involved listened and help guide through what was an unknown process.
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Mona Alejandro
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Worth every dollar. Straight to the point with every effort to get the job done Not to mention how understanding and friendly all the staff. Thank you all for your amazing help.
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Rebecca Smith
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Shanahan Family Lawyer, are not just knowledgeable and professional they also care about your situation. It felt good having someone on my side and going the extra mile to achieve the outcomes I was needing.
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Mariah James
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Thank you to Danielle O’Connor and the team for helping me get through legal times! Couldn’t recommend enough
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