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SA Spousal Maintenance After Divorce?

Discussion in 'Family Law Forum' started by Jack11, 3 May 2016.

  1. Jack11

    Jack11 Member

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    Male, married 30 years, aged 70 years. Retired for 5 years and no income streams other than through relationship with wife. Estimated share of assets after divorce and property settlement will be around $600,000 each, leaving both with the need to find accommodation (rent or buy).

    As the dependent spouse, what can I expect by way of ongoing spousal maintenance after divorce?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Sorry, it's not clear what makes you a dependant spouse. Is the wife still working? Is she earning a significant income? Do you have children at home to be cared for? Do you have superannuation?
     
  3. Jack11

    Jack11 Member

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    No super...all ploughed into the house. Wife (53 years) is still working on significant ($140K+ gross) income. No dependant children.
     
  4. sammy01

    sammy01 Well-Known Member

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    I don't see why there are grounds for spousal maintenance. Might be grounds for you to have slightly more than half the assets on the grounds that she has an earning capacity and you don't. And that you put your super into the shared asset
     
  5. Jack11

    Jack11 Member

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    What are the grounds then?
     
  6. sammy01

    sammy01 Well-Known Member

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    So a spouse who has been out of the workforce looking after young kids might have a chance at spousal maintenance on the grounds that he/she has had their employment opportunities limited by home duties.

    It is an expectation that people fund their own lives, so increasingly spousal maintenance is not being granted.
     
    Alicia Carroll likes this.

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