Sunshine Coast Lawyers

Sunshine Coast Lawyers have specialists in Criminal Defence, Divorce law, Family Matters, Mediation, personal Injury and malpractice. Based on the Sunshine Coast with offices in Caloundra and Maroochydore, we also provide legal advice online.

 
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Law Firm

Caloundra and Maroochydore Law Firm

Our Caloundra and Maroochydore based lawyers are sensitive to the unique challenges our clients face.

Sunshine Coast Lawyers are licensed in Queensland. In addition, through our statewide network of affiliated Lawyers and law firms we represent individuals and families throughout Queensland in serious injury and wrongful death cases.

 

 

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Australian laws on alimony

The Family Law Act of Australia specifies that a spouse has the responsibility to financially help a former spouse or partner in case the latter is unable to maintain himself/herself reasonably from his/her own assets or income. If required, both spouses have an equal obligation to help each other as much as they can financially depending on how much they can afford to pay.

Section 77 under the Family Law Act states that one spouse can claim emergency maintenance from the other after separation. Section 72 of the law clarifies that a former spouse has the right to a maintenance amount that is calculated keeping in mind the other spouse’s capacity to pay. Section 75 (2) of the Family Law provides the guidelines for factors that are considered by the court while deciding on alimony.

However, the law may not be same for residents of Western Australia, who should contact the Family Court of Western Australia to know more about alimony laws applicable to them.


 

Miscellaneous Information on Maintenance Claims

You are no longer eligible to maintenance or alimony once you remarry or enter into a new relationship. The court will then consider your financial condition under the new relationship to decide if you are able to maintain yourself satisfactorily.

In case of de facto relationships, the Property Division laws for de facto couples will apply and you must read the latest Commonwealth law on this to understand the eligibility criteria for maintenance application.

Divorce Lawyer can advise you on the right proceedings of applying for maintenance. You must apply within twelve months of your divorce i.e. you must not apply later than one year after you are separated from your spouse.