My ex-partner is going to make a claim for spousal maintenance but I know he has a good job and can support himself. What will the court do?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Pearl Beaumont, Penrith 2570 NSW
- The court will consider the application and all the evidence accompanying it.
- You will both need to file evidence about your financial situation.
- This means your ex-partner will have to inform the court about his entire financial situation including his employment and income.
- This factor will be taken into account as well as your financial circumstance when assessing whether or not you will be ordered to pay spousal maintenance.
- The court will assess whether or not your ex-partner is able to support himself and whether or not you are in a position to contribute to spousal maintenance.
- A lawyer is the best person to give advice about your particular circumstances and how likely it is that an order would be made for you to pay spousal maintenance.