NSW Spouse maintenance

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

Irinkin

Member
20 October 2020
2
0
1
I am financially separating from my husband. He has full time job and I have been full time mum and house wife for last 6 years (previously working for 6 years full on time). We have two kids 13&14 years old. My husband cut me off finance without any warning and now we are divorcing. He expects me to drive kids to training full time, but food for them and kids will be living with me. How much and for how long I can expect spouse maintenance support, if I qualify, also what should I claim and what I am untitled to in my situation? I am in a bad emotional state due to emotional and financial abuse, also kids train twice a day for sport so I am a full time driver
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
sorry to hear about your situation. Are you getting child support? Family tax benefit?
Spousal maintenance needs to be ordered through the courts. It is gonna be hard to achieve.

I'd be having a chat to centrelink because if hubby has moved out (even if he hasn't) you're likely to be able to get unemployment benefits.

You should expect the asset division to be in your favour. But that is a separate issue to spousal maintenace.
 

Irinkin

Member
20 October 2020
2
0
1
Thank you Sammy,
Yes I am am getting benefit right now but it will not last for long.
The problem is that I am up at 4:30am daily to drive my kit to sport, it's physically impossible for me to work full time. Their father wants them to continue competitive sport but refuses to recognise the work involved. So I am not sure if court will consider this. He has not even once done food shopping for the family. It is all on me. Also, he abused me emotionally for past years to the extend that I had to seek psychological help. I will not even able to pay for accommodation for myself and kids.
So I am not sure if child support covers this or not.
I sacraficed my years of employment for our family as a result I lost experience and my pay will not be high.
His salary is 150k.
 

Rosscoe

Well-Known Member
21 October 2020
65
2
199
Do you currently have any legal advice being provided to you? I believe a division of assets (property) will most likely be in your favor so be careful of him forcing any orders / agreements on you with regards to property splits (eg: Super, houses, bank accounts etc). It is crucial to get some legal advice on this and know what your prospects are on asset split. The court, should you get there, will view all relevant circumstances to your situation. All the things you have mentioned seem relevant to me.