What about Maintenance? 

You or your former partner may be entitled to claim maintenance after separation.

The court weighs up the needs of each of the parties to live at a reasonable standard of living. It balances the need of one party with the ability of the other party to pay. This is referenced to the standard of living experienced by the parties prior to separation.

The court uses a standard approach:  

• The applicant's reasonable needs - for such things as food, clothing, medical and dental, house and motor vehicle expenses - are calculated;

• The applicant's actual income is calculated. The Court excludes any income from Centrelink. This defines the applicant's need of shortfall;

• The Court considers the respondents's reasonable needs in comparison to the respondent's actual income. This defines the respondent's surplus;

• Only if the applicant has a need and the respondent has a surplus will a maintenance order be made;

• The order will only encroach on the surplus to the extent that it is necessary to meet the applicant's need. 

There are a number of factors the court takes into account in calculating maintenance. Some of these are: 

• The age and state of health of the husband and wife;
• Their capacity to find employment;
• Their income;
• Property and financial resources;
• Whether the care of a child of the marriage under 18 is involved.

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