03 Feb And my Spousal Maintenance?
We often see cases where the non or lesser earning spouse wants their cake and eat it too (almost makes sense). Spousal maintenance and the factors to be considered under s75(2) or s90SF(3) is a periodic amount paid to a person in need of maintenance where it is an interim arrangement until a final property settlement can occur or where the receipt of property and assets is insufficient to provide the party their full legal entitlement. In most circumstances the Court will be able to adjust the division of assets in favour of the spouse entitled to maintenance such that they receive a greater share (than they otherwise would) of the assets to account for their need to be supported and for the differential in earning capacity between the couple. Where a spouse receives an adjustment of 10-20% in their favour it would be a rare event they would receive maintenance on top of that, despite what some litigants would hope.