Today on the Divorce Collective Podcast, Caralee Fontenele guides us through what spousal maintenance is and who is eligible.
Spousal maintenance is a remedy prescribed in the Family Law Act for a former spouse to seek financial support from their ex-partner after separation. Spousal maintenance can be periodic or lump-sum payments made by one of the parties to the other, either during the separation period, at settlement, or, less commonly, on an ongoing basis.
It is a financial payment separate from child support: this type of payment supports an ex-spouse rather than the children of a marriage. If one party needs financial support and the other partner has the ability to pay, then the person with the need may be entitled to bring a spousal maintenance application.
Spousal maintenance can be either agreed upon without the parties attending court or, if an agreement cannot be reached, an application can be made to the court seeking orders for spousal maintenance.
Spousal maintenance applications can be complex. It is important that you seek legal advice if you want to seek spousal maintenance or an application has been brought against you.
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