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My husband and I have been married for 25 years in Melbourne, where I’ve been a full-time homemaker caring for our family and children, while he works as an engineer and is the primary breadwinner. If we decide to divorce, is he required to pay me spousal support?

Spousal Maintenance in Divorce

In Australia, spousal maintenance (spousal support) may be awarded in a divorce if one spouse cannot adequately support themselves. Given your circumstances, where you have been a full-time homemaker and your husband is the primary breadwinner, you may be eligible for spousal maintenance. Here are the key factors and steps involved:

Key Factors for Spousal Maintenance

1. Financial Need and Ability to Pay: The court will consider your ability to support yourself and your husband's capacity to pay support.

2. Length of the Marriage: A long marriage, such as your 25-year marriage, is a significant factor.

3. Contributions to the Marriage: Non-financial contributions, such as homemaking and caring for children, are highly valued.

4. Standard of Living: The court will consider the standard of living during the marriage.

5. Age and Health: Your age and health, as well as your husband's, will be considered.

6. Income and Property: Both your and your husband's income, property, and financial resources are considered.

Steps to Seek Spousal Maintenance

1. Seek Legal Advice: Consult a family lawyer who can provide tailored advice based on your situation and represent you in court if necessary.

2. Attempt Negotiation: Try to negotiate an agreement with your husband regarding spousal maintenance. This can be quicker and less stressful than going to court.

3. File an Application: If negotiation fails, you can apply to the Family Court or the Federal Circuit Court for spousal maintenance. This should be done within 12 months of the divorce becoming final.

4. Provide Evidence: Be prepared to provide evidence of your financial needs and your husband's ability to pay. This includes details of income, expenses, assets, and liabilities.

Legal Resources

Legal Aid Victoria: Provides free legal assistance and advice.
Website: Legal Aid Victoria

Family Court of Australia: Offers information and resources regarding spousal maintenance.
Website: Family Court of Australia

Women's Legal Service Victoria: Offers free confidential legal advice and support for women.
Website: Women's Legal Service Victoria

Legal Link Finds Similar Case Law for You

Law Firm's Insights

Date

6 October 2023

Place

SYDNEY

Judge

HENDERSON

Highlights

The text discusses a difficult and contentious family court case involving Muir and Rodelo, who have three children. The court suspended Rodelo's time with the children due to his violent and vengeful behavior towards Muir and his current partner, as evidenced by police records. The court deemed Rodelo's behavior concerning and not in the best interests of the children.

Judgment

The text outlines orders for an injunction restraining Mr Rodelo from removing the children from their mother's care or coming close to the mother's residence, school, or the children's activities without written permission. The orders also require Mr Rodelo to transfer $50,000 to the wife for property repairs, with reimbursement from the proceeds of sale. Ms Muir is granted permission to share the orders with specific individuals and institutions. Additionally, in the event Mr Rodelo cannot sign necessary documents, Ms Muir can approach the court registrar for execution. The publication of the judgment under pseudonyms has been approved.

Legislation

1.Australian Passports Act 2005 (Cth) s 11(1)(a).

2.Child Support (Assessment) Act 1989 (Cth) ss 4, 4(1), 4(2)(c), 98X, 99, 99(1), 116, 116(1), 116(1)(b), 116(1)(b)(i), 116(2), 117, 117(1)(a), 117(2), 117(2)(b), 117(2)(b)(ia), 117(2)(b)(ii), 117(4), 117(5), 117(5)(a), 123.

3.Evidence Act 1995 (Cth) s 140(2).

4.Family Law Act 1975 (Cth) ss 4AB, 4AB(1), 4AB(3), 60CA, 60CC, 60CC(2), 60CC(2)(a), 60CC(2)(b), 60CC(2A), 60CC(3), 60CC(3)(a), 60CC(3)(b), 60CC(3)(c), 60CC(3)(ca), 60CC(3)(e), 60CC(3)(f), 60CC(3)(i), 60CC(3)(k), 61DA(1), 61DA(2), 61DA(4), 65DAA, 68B, 68C, 75(2), 75(2)(a), 75(2)(b), 75(2)(c), 75(2)(d), 75(2)(e), 75(2)(na), 79, 79(2), 79(4), 79(4)(a), 79(4)(b), 79(4)(c), 79(4)(e), 79(4)(g), 102NA, 106A, 114, 117.

5.Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 25(1)(b), 50, 52, 149.

6.Federal Circuit and Family Court of Australia (Family Law) Rules 2021

7.(Cth) rr 1.12(6)(a)(i), 1.12(6)(a)(ii), 1.13, 1.13(1)(a), 1.13(4), 1.13(4)(c).

Valuable Law Firm's Insights for you

Please note: These law firm's insights are not personalized legal advice. For personalized guidance, kindly consult a law firm.

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Other FAQs You may Interested In

1. With a child from the marriage, my partner and I are contemplating divorce. However, disagreements persist regarding custody arrangements and child support. I require assistance in understanding the process for resolving these matters post-divorce, along with my rights and responsibilities in this regard.2. I’m in Sydney, Australia, and I want to file for divorce from my husband. We’ve been separated for two years, and I haven’t been able to get in touch with him since the separation. What steps should I take to file for divorce?3. In Australia.The children live with my ex-partner who isin a new relationship. Do I still have to pay child support?4. In Australia.I have lost my job and cannot afford to pay child support. What are my options?5. I’m in Sydney and have divorced my husband. We have a child, and custody was awarded to him. However, he’s not letting me see our child and has moved without notifying me. What should I do if I want to see my child?

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