Can you file for spousal support before divorce?

Can you file for spousal support before divorce?

You can apply for maintenance at any time. However, you must apply for maintenance within 12 months of your divorce becoming final for married couples or within 2 years from the date of separation for de facto couples.

How do I apply for spousal maintenance?

To make a spousal maintenance application a party needs to file an Initiating Application (or Application in a Case if the case is ongoing), an Affidavit in Support and Financial Statement as to their current financial circumstances.

Do you have to pay spousal support in Australia?

There is no such thing as “alimony”. In Australia, we use the term “spouse maintenance”. Spouse maintenance is financial support paid by a party to a marriage to their spouse (or ex-spouse) so that they can adequately support themselves.

How long does spousal support last in Australia?

With respect to de facto couples (including same sex couples), a spousal maintenance application needs to be filed within two years from the date of separation. Once the two year period expires you will also be required to prove hardship before being allowed to make an application for spousal maintenance.

Is alimony a thing in Australia?

In Australia, however, the law is quite different. There is no such thing as “alimony”. In Australia, we use the term “spouse maintenance”. Spouse maintenance is financial support paid by a party to a marriage to their spouse (or ex-spouse) so that they can adequately support themselves.

Does adultery affect divorce in Australia?

In Australia, divorce proceedings and property settlements are now dealt with separately. This means there is no increase in divorce entitlements after adultery.