In relation to both marriages and de facto relationships the obligation of one partner to the relationship to provide support to the other in certain circumstances now becomes almost identical. Previously former de facto partners had more limited rights to receiving support from their former partners.

The most common scenario that we encounter where maintenance becomes an issue concerns relationships where one party has given up his or her career or has not been able to develop their career due to the needs of either giving birth and/or looking after children. During this time the other party has the opportunity of developing his or her career or business so as to be able to provide for the family.

Maintenance to be audited by the Court, the Court needs to be satisfied that the applicant is not able to adequately meet his or her own reasonable expenses and the other party has the capacity to provide financial assistance. The Court looks at many factors including:- 

1. The difference in income between the two parties.

2. Their access to property and financial resources.

3. The age and health of the parties. 

4. Whether or not one of the parties ability to earn income has been affected by the relationship or marriage.

5. Whether or not any order needs to be made which may assist in maintaining a suitable standard of living for both of the parties taking into account their standard of living prior to separation.

6. With whom the children are living.

Spousal maintenance is not paid automatically or indefinitely.