Maintenance Formula:
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Spousal maintenance (also called spousal support) is financial support paid by one spouse to the other after separation or divorce. In Australia, it's designed to help a spouse who cannot adequately support themselves.
The calculator uses the basic maintenance formula:
Where:
Note: Actual court determinations consider many additional factors including earning capacity, care of children, standard of living during marriage, and duration of marriage.
Details: Proper maintenance calculation helps ensure fair financial arrangements post-separation, prevents financial hardship, and provides a starting point for negotiations or court proceedings.
Tips: Enter the receiving spouse's income needs and current income in AUD. The calculator will show the difference which may form the basis for maintenance payments.
Q1: Is maintenance automatically granted in Australia?
A: No, the receiving spouse must demonstrate genuine need and the paying spouse must have capacity to pay.
Q2: How long does spousal maintenance last?
A: It varies case by case - could be short-term (a few years) or long-term, especially for older couples or those with disabilities.
Q3: Does this calculator consider all legal factors?
A: No, this provides a basic estimate. Actual court decisions consider many additional factors under the Family Law Act 1975.
Q4: Can maintenance orders be changed?
A: Yes, if circumstances change significantly (e.g., income changes, remarriage of receiving spouse).
Q5: Is maintenance taxable in Australia?
A: No, spousal maintenance payments are not taxable income for the recipient nor tax deductible for the payer.