Everything You Need To Know About Alimony
March 18, 2018In Australia, the term alimony is replaced with the term spouse maintenance. This refers to payments that can be made by one party to their ex-partner, so they are able to adequately support themselves after a separation or divorce. The amount and length of these payments are decided upon on a case by case basis, and a lot of information out there about alimony (spousal maintenance) is inaccurate. Because of American TV shows and movies, many believe that this financial assistance is paid for the rest of their lives. This is certainly not the case. When a party is awarded with spousal payments, this is usually temporary in order to help them get back on their feet. There are many different factors that can play a part in the outcomes of spouse maintenance.
According to Best in Au, when an ex-partner is suffering from health issues, they may not be able to support themselves adequately. Furthermore, they may be a huge discrepancy in income. This is usually because one person has stayed at home to raise the children, where the other person has continued to work and advance in their career. There may be circumstances where one party is disabled and is unable to financially support themselves. There also may be cases where the person at hand is unable to return to work as they are still acting as a full-time parent. Whatever the circumstances may be, it is important to seek the support of a professional as soon as possible.
An expert family law attorney is able to give the best advice based on the individual’s circumstance, so the best outcome can be had in the courtroom. Furthermore, a family lawyer is able to speak the lingo as well as organise any necessary documents needed. Going through a break-up is already a hard-enough time, so seeking the help of a family lawyer can make things just that little bit easier. Here is a further look at alimony and how a family lawyer is able to help.
Are there more factors that come into play?
Another factor that can come into play when making a spousal maintenance application is how the marriage or relationship has affected the individual’s ability to work. For example, there can be unfortunate cases where there has been abuse in the relationship, and one party is unable to work because of the trauma. A family lawyer is able to help with these applications, so a fair outcome can best be achieved. A professional is also able to advise on things such as time-frames. For example, an application must be put into the court within 12 months of the relationship ending. Furthermore, unless otherwise arranged, when the party who is receiving the alimony enters into a new de-facto relationship or gets married again, the spousal financial support will cease.
This type of information can all be discussed with the expert attorney that is hired to help with the case. There are, of course, other factors that can come into play when there is a separation or divorce such as children. However, child custody and child support are different payments/areas than spousal maintenance. Luckily, this type of support is also under the umbrella of family law, so it is likely that the same lawyer is able to help with a wide variety of family circumstances if need be. While ending a relationship can be a confusing time as the law isn’t designed to be fully understood by the everyday person, a great lawyer can be found to easily relay this courtroom jargon and is able to offer invaluable assistance for those who are in their time of need.