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Spousal Maintenance

After separation a party to a marriage may be required to pay spousal maintenance to the other party. Whether spousal maintenance is paid depends on one party’s capacity to pay and the other party’s need for financial support.

An application for spousal maintenance must be made within 12 months of the granting of a divorce. If you wish to apply outside of this time the Court’s permission to apply must first be obtained.

There is no obligation for spousal maintenance to be paid in the event of the breakdown of a de facto relationship.

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