Section 72 of the Family Law Act outlines provisions for spousal maintenance that are intended to protect spouses and de facto partners who are in need of financial support. The need for spousal maintenance arises after a marriage or de facto relationship has broken down. This involves a court mandated payment from one party to another to address disparity in income and future earning ability.

If you are in need of a family lawyer Cairns-wide who can build a strong case for spousal support, contact WGC Lawyers today.


Spousal support is required when the courts determine that one party us unable to support themselves because:

  • Their earning capacity is diminished because they have to care for children.
  • They are too elderly to support themselves financially.
  • They live with a physical or mental condition that prevents themselves from earning an income.
  • The other party has the capacity to provide an amount as maintenance.

Spousal maintenance must be established using realistic parameters that account for the earnings of both parties and the assets they own.

How Is it Calculated?

Any experienced divorce lawyer Cairns residents rely on will inform their clint that Australian family law requires a court to consider multiple factors while calculating spousal support. This includes:

  • The age of both parties
  • Individual health conditions that may prevent a party from earning an income.
  • The number of children and their respective ages.
  • Eligibility for centrelink payments
  • Reasonable expectations related to standard of living
  • Financial and non-financial contributions of the applicants
  • The applicant’s ability to improve their earning capacity
  • Current de facto relationship or marriage of both parties
  • The applicant’s ability to retrain themselves to secure an income.

Family Lawyer Cairns for Spousal Maintenance

Spousal maintenance amounts can be paid in a single lump-sum payment or in installments based on the recommendations of the court. Spousal support could also involve transfer of assets and other means by which the personal considerations of both parties are taken into account. The court’s role is to arrive at a conclusion that is fair to both parties and enforce the ruling in the event of a breach.

Highly Experienced Divorce Lawyer Cairns

Looking for a divorce lawyer to help you secure necessary spousal support? Contact WGC Lawyers today for comprehensive legal support for divorce proceedings, child support claims and more.