Quinn & Scattini Lawyers’ expert spousal maintenance lawyers can advise on making or defending claims. No spousal maintenance claim too complex.
Most Australians are familiar with the term ‘alimony’, from reading about celebrity divorces or watching American television shows. In Australia alimony is referred to as spouse maintenance, and is possible in both marriage and de facto separations.
Our spousal maintenance lawyers have successfully assisted 100’s of Queensland clients and can assist with marriage and de facto maintenance claims.
Spousal Maintenance Team
If a spouse is unable to support themselves adequately, usually because of parenting responsibilities or poor health, their partner may be liable to pay spouse maintenance. In deciding whether assistance is needed, any Centrelink income is ignored, and the standard of adequacy will depend on the means and lifestyle of the parties – what is ‘adequate’ for the partner of a multi-millionaire would be rather more than that for an average suburban house-maker, for example.
However, any income – and the earning capacity – of the claiming party are significant. In most cases the courts will look at what a person is reasonably capable of earning, not what they choose to earn. The neurosurgeon who chooses to work as a part-time cleaner may still be assessed on the basis of their earning capacity as a neurosurgeon.
In the ordinary suburban family situation, the usual problem is not proving a need, but rather the ability to pay. The major bread-winner, after he or she has housed themselves, supported themselves, and paid child support will often have little ability to pay, and for that reason spouse maintenance is not the norm in middle income families.
It is possible to cash out spouse maintenance as part of a property settlement. The spouse claiming maintenance receives more cash in return for waiving future maintenance rights, but if there are children involved, care needs to be taken, as an arrangement may be liable to be cancelled if they could suffer hardship.
We are happy to discuss payment options with you that are suited to your situation.
Attending a 30 minute initial consultation, at any of our local offices or by telephone, is the essential first step.
The initial consultation provides you with an opportunity to meet your dedicated lawyer, discuss issues, identify your options, map solutions and provide an estimate of costs. Our initial consultations also provide the perfect opportunity to have a no obligation, confidential discussion about your family law matter.
In addition, the time spent provides you with an opportunity to assess whether our family lawyer is the right one for you during this important and often stressful transition in your life.
Payment Options/Deferred Fees Available
We understand that the urgent, and often unavoidable, nature of family law matters may leave you financially blindsided.
If eligible, we may be able to represent you on a “deferred fee basis”. This arrangement means your legal fees can be paid at predetermined intervals for example, following the sale of a property or at the conclusion of your matter. Our expert lawyers will keep you up-to-date with costs, allowing you to stay in control of spend.
To determine your eligibility, call us on 1800 999 529 or submit an enquiry below. This aspect can also be discussed during an initial consultation.
Please note, we do not offer “no win, no fee” arrangements for family law matters.
Quinn & Scattini Lawyers do not provide Legal Aid for family law matters. If you require detailed information on the Legal Aid process, eligibility requirements or would like to make an application for a family solicitor, visit Legal Aid Queensland’s website or access the Factsheet ‘Can I get Legal Aid’.
How We Can Help
The Quinn & Scattini Family Law Team can give you expert advice about a spousal maintenance claim, whether the claim might be by you or against you. We also offer practical and experienced advice if appearing before the court is unavoidable, and provide you with the best legal representation if court-ordered agreements are required.
With over 40 years’ experience, our Family Law Team are experts in the family law field. The team also boasts an Accredited Family Law Specialist.
Get the best representation. Book an initial consultation. Call now. Contact Quinn & Scattini Lawyers’ experienced spousal maintenance lawyers on 1800 999 529, email firstname.lastname@example.org or submit an enquiry below.