SA Spousal Maintenance After Divorce?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Jack11

Member
3 May 2016
3
0
1
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?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
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?
 

Jack11

Member
3 May 2016
3
0
1
No super...all ploughed into the house. Wife (53 years) is still working on significant ($140K+ gross) income. No dependant children.
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
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
 

Jack11

Member
3 May 2016
3
0
1
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
What are the grounds then?
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
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.
 
  • Like
Reactions: Alicia Carroll