Melbourne Spousal Support Lawyer

Starting divorce proceedings can be challenging, and you may feel uncertain about both the process and the financial impact of filing for a divorce. If you are a lower-earning spouse, spousal support could help you maintain a reasonable standard of living throughout the divorce process and potentially beyond. An experienced Melbourne spousal support lawyer from our firm could answer your questions about financial maintenance and help you work toward a peaceful, out-of-court resolution.

At the Law Firm of Anthony Diaz, we understand that divorce can be stressful, especially when it affects your financial situation. Our knowledgeable family attorneys could guide you through the process. At our firm, Anthony Diaz is the peacemaker when it comes to divorce proceedings.

What Is Spousal Support?

Spousal support is financial assistance that allows a lower-earning spouse to maintain their standard of living during and after a separation. Different types of maintenance may be available to you, including:

• Temporary spousal support: The court grants this to assist with finances during the divorce process
• Bridge-the-gap spousal support: This allows a spouse to transition from married life to single life by providing additional financial maintenance
• Durational spousal support: Provides financial assistance for a set period based on the length of the marriage
• Rehabilitative spousal support: The court allows a spouse to gain self-sufficiency by attending school, training, or gaining work experience

Temporary support typically ends once the court has finalized a divorce. The court may grant bridge-the-gap support for short-term needs for more than two years, while rehabilitative support requires a detailed plan, with payments typically not exceeding five years. 

Durational support depends on the length of the marriage, with longer marriages often resulting in longer support periods. One of our dedicated Melbourne attorneys could answer your questions on the various types of spousal maintenance that may be available to you during and after the separation process.

How Does the Court Calculate Spousal Support?

In contrast to child support, the court calculates spousal maintenance on a case-by-case basis. As such, judges have discretion in the amount and the duration of financial assistance. When making this decision, the court considers factors such as:

• The duration of the marriage
• The standard of living established during the marriage
• The age, health, and earning capacity of each spouse
• The financial resources of each partner, including assets, debts, and income
• The financial need of the spouse requesting support and the other party’s ability to pay

Calculating spousal assistance can be a complicated process, but a knowledgeable lawyer from our Melbourne practice could explain how these considerations may apply in your situation.

Call a Melbourne Attorney to Discuss Your Spousal Maintenance Claim

Navigating maintenance laws can be challenging without guidance. You may have questions about what financial maintenance is available to you during and after the divorce process. It can be hard to understand your legal rights regarding spousal assistance, but you do not have to do it alone.

An experienced Melbourne spousal support lawyer from our team at the Law Firm of Anthony Diaz could provide you with the guidance and support you need during your divorce. We could advocate for your rights and work toward a calm, collaborative solution. Call the Peacemaker today to discuss your options.