Family Law - Spousal Maintenance

I was in a defacto relationship. Do I have any rights to spousal maintenance?

A de facto relationship is defined as a relationship between two adults who live together as a couple, and who are not married to one another or related by family.

There are numerous factors involved in proving that you do form or formed part of a defacto relationship. Some factors include the length of your relationship and the financial independence or dependence of the parties etc.

There is no automatic right for one party in a relationship to maintain the other, and neither party is entitled to claim maintenance from the other, except as provided under the law.  The Court needs to be satisfied as to either or both of the following:

1. that the party is unable to support himself or herself adequately by reason of having the care and control of a child of the relationship, however there are also a few exceptions.  
2. that the party is unable to support himself or herself adequately because the party’s earning capacity has been adversely affected by the circumstances of the relationship and, in the opinion of the court an order for maintenance would increase the party’s earning capacity by enabling them to undertake a course or programme of training or education.

Can my maintenance continue if I enter into another relationship?