Negative contributions or waste arguments refer to situations where one party’s actions have resulted in a loss to the net asset pool, such as through gambling, extravagant spending, or poor financial decisions.
Section 75(2)(o) of the Family Law Act 1975 allows the court to take these factors into account when dividing property. This is a complex area of family law, so obtaining legal advice is highly recommended.
If you are considering making an application for spousal maintenance, it’s important to be aware of the time limitations involved.
For a married couple, an application for spousal maintenance must be made within one year from the date the divorce order becomes final. For a de facto couple, the time limit is two years from the date of separation.
If you miss the time limit, you will need to apply to the Court for permission to commence proceedings out of time. In your application, you will need to explain why you failed to commence the proceedings within the required time limit and demonstrate that failing to make an order for spousal maintenance would cause you hardship.
Spousal maintenance depends on two things: financial need and the ability to pay. If one person cannot cover their living costs after separation, and the other can afford to help, support may be required. Courts look at factors like income, assets, expenses, health, and childcare responsibilities. There’s no set formula—each case is assessed individually. If you think you might be entitled to maintenance or need to challenge a claim, speaking to a spousal maintenance lawyer early can help. They’ll guide you through the process, explain what to expect, and ensure you understand your rights and obligations.
Life circumstances change, and maintenance arrangements may need to change too. If the person receiving support starts earning more, payments might be reduced or stopped. If the payer faces financial hardship, they may need to seek a modification. On the other hand, if the recipient’s expenses increase—due to illness, job loss, or other major changes—they may need extra support. Any adjustments require legal approval, so it’s best to speak with a spousal maintenance lawyer if you believe your payments should be reviewed. Addressing changes early can help avoid financial disputes down the track.
If someone stops paying maintenance, the other party can apply to have the payments enforced. The court can take action, including garnishing wages, seizing assets, or imposing fines. If someone genuinely can’t afford payments, they should apply for a reassessment rather than ignoring the issue. Non-payment can lead to serious financial and legal consequences. If you’re owed unpaid support or struggling to meet payments, a lawyer for spousal support can guide you through the next steps. If children are involved, a child support lawyer can help ensure financial obligations are met and properly enforced.
Australian law recognises de facto relationships in the same way as marriages when it comes to financial support. If a de facto partner cannot meet their living expenses after separation, they may be entitled to maintenance. Factors like financial dependence, the length of the relationship, contributions (financial and non-financial), and future needs all play a role. A spousal maintenance lawyer in Melbourne can assess your situation and explain your rights. Getting legal advice early ensures you understand your options and have a clear plan for financial stability after separation.
