Those who are connected to the legal jargon also may not know about the term alimony. If you ask a family lawyer Adelaide about its meaning, then he will tell you that alimony is used to describe circumstances where post-separation, one person pays their former partner money. Usually, the payments are made weekly.
So how is alimony treated in Australia? How do alimony payments apply in the context of Australian law and legal framework?
What is alimony in Australia?
Well, a divorce lawyer Adelaide will tell that in Australia, the term alimony is not used. Rather, it is referred to as spousal maintenance, or simply ‘maintenance.’
Spousal maintenance can be paid in many ways and not necessarily it has to be paid weekly. In Western Australia, the Family Court Act 1997 (WA) applies. This Act doesn’t define spousal maintenance.
This case law talks about spousal maintenance as the payment s from one spouse to another. In this case, the receiving spouse is unable to adequately support themselves and the paying spouse can pay the amount.
Also, the purpose of spousal maintenance is to allow the lower-income party or the party that has no income to become financially capable.
This might mean that the receiving party is eligible to receive support for a period to allow them to re-enter the workforce or continue in the parenting role.
In family dispute cases, a criminal lawyer Adelaide does not have a major role unless there is any physical violence involved in the matter. Otherwise, only a divorce lawyer or family lawyer is sufficient.
Who can get Alimony?
When a judge gives a decision about alimony, he takes into consideration many things.
First, a person seeking spousal maintenance will have to establish the need for it. them, they have to establish that the other party has the paying capacity.
And, of course, each case is unique. So, the lawyer has to put the case with assertion and a positive approach. It will create a solid ground for the maintenance decision.
If there are kids also getting affected by the family dispute, then a child custody lawyer Adelaide should be consulted.
If you do not agree upon spousal maintenance and file a financial proceeding before the court, there has to be a different application filed for spousal maintenance. There can be short-term or interim maintenance for a limited period or as final orders. It is made for urgent maintenance or periodic payments of spousal maintenance.