A spouse may be eligible to spousal maintenance in some instances. To be entitled to spousal maintenance you must prove that:
- You alone are unable to sufficiently support yourself. For example, if you are the primary carer for children under 18 years of age.
- That your former spouse is in a financial position capable of supporting maintenance payments.
If you are going through or have recently gone through a divorce you must apply for spousal maintenance within 12 months of the completion of your Divorce Order otherwise you must seek the permission of the Court to begin your case. However, if you were in a de facto relationship, spousal maintenance must be applied for within two years of separation (if you are late regarding application, the same rules as divorcees apply to you).
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