Following separation, you might ask yourself “am I entitled to spousal maintenance”? You might otherwise be asking “do I have to pay maintenance?”
Spousal maintenance may be paid when one party has the financial capacity to pay and when the other party is unable to financially support himself or herself adequately.
In determining whether or not periodic maintenance is paid, each party’s financial income and commitments are assessed.
The courts must ensure that, where practical, any orders made, determine the financial relationships between the parties on a final basis. As a result, there is a tendency for maintenance orders to be for a shorter duration.
Completing a rehabilitation program does not automatically vary parenting orders. Bello & Opeyemi [2025] explains what the court actually requires.
Removed from court after repeated disruptions? The Full Court in Helmold & Mariya [2025] explains when that does not constitute a denial of procedural fairness.
Transferring money does not automatically create a legal interest in property. Learn how the Full Court approached resulting trusts in Fing & Ma [2025].
Recent changes on how the court now accounts for spent money, and what the 2025 decision of Neville and Bowen tells us about the threshold a party must meet.
Non-disclosure of assets can void property orders. Willis & Mulder [2025] FedCFamC1A 217 examines when concealment justifies setting aside orders on appeal.
A mother alleged sexual abuse. Police investigated twice and found nothing. Read what happened in Joustra & Schuman [2025] FedCFamC2F 1478.
Using AI in legal practice comes with serious obligations. Discover what Australian courts say about using AI in family law documents.
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Complete guide to family law appeals in NSW. Learn when you can appeal, how to challenge, procedural steps, and whether you should challenge a court decision.
Learn what to do if your ex stops paying child support in NSW. Understand your rights, enforcement options, court action and how to recover unpaid support.