Spousal Maintenance for an estranged Defacto Partner!

Family Law: 22 March 2019

Recent changes in the Family Law Act enable a defacto partner to successfully claim maintenance from their partner. In Vine & Carey The Court found the parties had lived in a defacto relationship for more than two years and as the relationship had broken down after the new legislation took effect from 1 March 2009 the female partner could claim maintenance from her now estranged former male partner.

The male earnt a salary of $789 per week & had investment income of $641 per week. he alleged his expenses were $2220 per week. His assets were $2,350,000. The Court Ordered he pay $500 per week maintenance to his former partner. The claim for property settlement is continuing.

This is one of the first cases under the Family Law Amendments (Defacto Matters & Other Measures) Act where a Court has ordered maintenance.

You can avoid this outcome by entering into a Binding Financial Agreement with your partner, but you will need a lawyer!

Please note: The information in this article is provided for general information purposes only and does not constitute legal advice. It is not intended to be comprehensive or to apply to any specific circumstances. You should seek independent legal advice before acting on any information contained in this article.