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Secure Fair Spousal Maintenance Agreements
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Navigate the complexities of spousal maintenance with expert legal support.

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Why choose Orman Solicitors for your spousal maintenance negotiations?

How we work with you

The process of securing a spousal maintenance arrangement in New South Wales (NSW) involves several steps and can be initiated through negotiation or the Court system.

Throughout the process, seeking legal advice is crucial to ensure compliance with legal requirements and to protect your interests. If you have questions or need more guidance, contact our team of family lawyers at Orman Solicitors in Sydney and Wagga Wagga to clarify your options and obligations.

Read our reviews

★ ★ ★ ★ ★ | 5.0 Star Family Law Services in Sydney and Wagga Wagga

★ ★ ★ ★ ★

Maggie and her team helped me through my family law matter. Maggie was professional and positive. Her advice was always sensible, reasonable and realistic.
Eileen and Chris were thorough and meticulous in their hard work which was crucial to my evidence based case. The Counsel Maggie chose to work with were terrific. With Maggie, I felt I was always progressing towards the finish line.
She drove the matter forward with strength and positivity, achieving an excellent outcome. I highly recommend Orman Solicitors.

Mary

★ ★ ★ ★ ★

My experience with Orman solicitors has been truly amazing with there professional team of experts. I could not be happier with the outcome off my family law settlement and would highly recommend Orman solicitors for all your legal matters.

Angela Williams

★ ★ ★ ★ ★

Great, knowledgeable and supportive staff, they were efficient in getting me a great result. The communication was clear and consistent, when I had queries, they were addressed promptly. Could not recommend more.

Lindsay Wilson

★ ★ ★ ★ ★

I’d like to share, my upmost Respect to Ormans Solicitors team members, they had my back, got me through the most difficult times, I was so overwhelmed worrying about everything, would all sort out. I would recommend them out there, they certainly give you the support, comforting, that its all going to be ok. Maggie, and the team are just Amazing. I’d like to Thank, each and every one of them for helping through, with there dedication and outcome certainly was of comfort, Good ending. I was so Happy, I chosen Ormans Solicitors. You are All a Great Team. I will Always be Grateful. Thank you to All of You.

Rose Valenzisi

★ ★ ★ ★ ★

“I cannot thank Maggie and her team enough for the flawless way they handled my matter. I felt that Maggie was always completely invested in my matter and everything from the beautiful office to the team’s amazing service made me feel like family. Their commitment to my matter never ceased to amaze me. I would not hesitate to recommend Orman Solicitors.”

Lisa

★ ★ ★ ★ ★

When I first approached Maggie I was financially destitute and frightened, my settlement was not going well, I had been dropped by another solicitor because they felt that my case was to difficult and time consuming. Maggie helped me to feel at ease she assured me that I everything would be okay and then she and her staff went to work. She helped me to stay strong when I was ready to give up and just take anything to make the whole mess go away and fought for me to get an amount that was acceptable. I highly recommend Maggie and her team they truly do go above and beyond the call to ensure that their clients get the absolute best result possible.

Shimmer Pender

★ ★ ★ ★ ★

Maggie has been my solicitor for a number of years – in all that time, I have found her to be professional, hardworking, honest and respectful. She has shown compassion, empathy and helped my family through the toughest times when we needed it most. I have recommended her to friends and relatives, who have also then gone on to recommend her and her firm.

Helen Gordan

★ ★ ★ ★ ★

Empathy, dedication and passion are three words I would use to describe Maggie Orman and her team. Maggie has been my family lawyer for over 10 years and has guided me through many difficult periods of my life, and ensured I came out the other end a stronger woman and mother. Maggie is rational, compassionate and highly ethical. I felt that she truly cared about me, my family and our wellbeing. Maggie’s skilful advice and counsel achieved an incredibly quick resolution, and kept costs to a minimum. I will continue to use Maggie Orman Solicitors for all my family law requirements and highly recommend her to anyone requiring a family lawyer.

Joan Rached

★ ★ ★ ★ ★

The Barnett family are very thankful to Maggie and the whole team for doing all the groundwork to get our case a great result. We are very happy with their help and wish to give them credit for their hard work to get our matter up and going.

The Barnett Family

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CASE STUDY

Spousal Maintenance

Our client sought assistance with both parenting arrangements including child support and a property settlement including spousal maintenance following the breakdown of a 10-year marriage. The couple had two children, and our client had played a significant role in the family business, contributing to the accumulation of substantial wealth.

After the relationship ended, our client endured physical abuse, including incidents in front of the children. In an attempt to discredit our client, the ex-spouse falsely accused her of having a prescription drug and alcohol problem, hoping to gain a strategic advantage in the proceedings. The ex-partner also removed the children from her care and made unfounded reports to the police, alleging excessive discipline and alcohol abuse.

How we helped

We supported our client in obtaining an Apprehended Domestic Violence Order (ADVO) due to the physical assault. We advocated strongly for their rights, including securing access to the children.

Additionally, we represented our client in negotiations and court proceedings, working to achieve financial security and release them from the financial and coercive control that had been imposed by the ex-spouse.

What was the outcome?

We successfully negotiated a Binding Child Support Agreement, Financial Agreement (including spousal maintenance), and Parenting Orders. As a result, our client was not liable for any child support payments and regained the ability to spend time with their children, without the need for supervised visits. Furthermore, our client retained a significant portion of the family wealth, allowing them to start a new chapter, free from financial control and abuse.

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Meet the Solicitors

Maggie Orman
Principal

Renata Matyear
Senior Solicitor

Eileen Newcombe
Senior Solicitor

More team members

Spousal Maintenance FAQ

What is Spousal Maintenance?

Spousal maintenance is financial support paid by a party to a marriage or de facto relationship, to their former partner in circumstances where they are unable to adequately support themselves.

There is an obligation on all parents to pay child support for the benefit of their children in accordance with an assessment or agreement, but in some circumstances, where one party is unable to afford their day to day expenses after a breakup even with child support received from the other party, they may be able to receive maintenance from the partner (married or de facto) to cover living expenses.

This defined in section 72(1) of the Family Law Act 1975: which says that “A party to a marriage (or party to a de facto relationship) section 90SF(1)) is liable to maintain the other party, to the extent that the first-mentioned party is reasonably able to do so, if, and only if, that other party is unable to support himself or herself adequately.

How can I calculate Spousal Maintenance?
There are no online calculators to estimate how much you could receive in spousal maintenance. The best thing to do is consult with a family law lawyer for advice tailored to your specific circumstances.
What does a Court consider when making a decision?
• Your age and health
• Your income, property, and financial resources
• Your ability to work
• What is a suitable standard of living
• If the marriage has affected your ability to earn an income
• Who the children (under 18 years of age or adult children who are disabled) live with
How is eligibility for spousal maintenance determined?
Eligibility depends on two main factors:

• The applicant’s financial need, demonstrating that they cannot meet reasonable living expenses.
• The other party’s ability to pay, meaning they have sufficient resources to provide support after covering their own needs.

Can spousal maintenance orders be changed or terminated?
Yes, spousal maintenance arrangements can be varied or terminated due to significant changes in circumstances, such as changes in income, employment status, living expenses, or if the receiving spouse remarries or enters a new de facto relationship.
What does Spousal Maintenance cover?
Such maintenance may be in various forms including the other party making mortgage payments for the home in which that party lives, paying various expenses or paying that party a sum of money, once off or on a periodic basis.
Can Spousal Maintenance be agreed upon privately without Court involvement?
In the absence of Court orders, there is no absolute requirement for one party to pay maintenance to the other, and whether they should depend on individual circumstances. If it is not possible to reach an agreement about the payment of maintenance within your relationship, you should discuss with a lawyer about whether an application to the Court is appropriate. Spousal maintenance calculations can be complex, and individual circumstances vary widely. Seeking legal advice is essential to protect your rights and interests.
Is there a time limit for applications for Spouse Maintenance?

If you were married, applications for maintenance must be made within 12 months of your divorce, if you were in a de facto relationship, your applications for maintenance must be made within 2 years of the breakdown of your relationship.

Is spousal maintenance guaranteed?
No, it is not automatically granted. You must apply for it, either through a Court order or via mutual agreement. The Court assesses various factors, such as income, age, health, earning capacity, childcare responsibilities, and the standard of living during the relationship.
Can I receive spousal maintenance without having children?
Yes, spousal maintenance eligibility is based on financial need, not the presence of children. If one partner has significantly fewer financial resources than the other after separation, they may still qualify for support.

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