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Spousal Maintenance Lawyers

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Spousal Maintenance Lawyers

Did you know the Family Law Act accounts for financial discrepancies between separating couples through spousal maintenance? Many people worry about their financial situation after divorce. Shanahan Family Law spousal maintenance lawyers can help.

Looking for Assistance with Spousal Maintenance?

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.

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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, spousal maintenance 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 spousal maintenance 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. Spousal maintenance 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 spousal maintenance. If you receive substandard legal advice, you could end up losing out on your entitlement.

How Can Our Spousal Maintenance Lawyers Help?

We know you’re concerned about partnering with the wrong law firm. Shanahan Family Law’s 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 Shanahan Family Law?

We approach all family law matters with empathy and seek to understand your unique circumstances.
We have many years of experience across all areas of family law 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 expert team can provide court representation if your case enters litigation.

Ensure Fair Support with Spousal Maintenance

Navigating spousal maintenance can be challenging, but you don’t have to do it alone. Our experienced team at Shanahan Family Law 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 of Shanahan Family Law in Maroochydore, Luke Shanahan is a reliable and experienced Sunshine Coast family law expert, 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 family law 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.”

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Take a look at what our clients say

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Contact our Shanahan Family Law if you would like to learn more about child custody. Book an initial consultation with an experienced child custody family lawyer. We are based in Maroochydore, Sunshine Coast or with one of our family law child custody lawyers Gold Coast. We are here to support you every step of the way in your new life.

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Even a joint divorce application can be daunting, let alone when you’re considering filing for a divorce online. Perhaps you have questions about submitting your application to the courts, or you aren’t sure where to start. We’re here to help guide you through the process.

Interested in chatting more about a joint divorce application?

Want to understand more about Family Law?

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