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When a spousal maintenance order can be terminated

  • October 27, 2023

Home " Legal Blog " Family Law " When a spousal maintenance order can be terminated

When a spousal maintenance order can be terminated

Under the Family Law Act 1975, a spousal maintenance order can be terminated based on a number of factors. While termination of this order is certain, revocation of the order does not permanently eliminate the right to support. A spousal support order automatically terminates when the beneficiary dies; this order does not pass to their estate. The order usually terminates when the paying party dies as well. Remarriage of the recipient of a spousal maintenance order usually results in its termination, unless there are special circumstances that cause the court to rule otherwise. A separate application is required to continue these rights. Remarriage may give rise to special circumstances, such as remarrying a person with a disability. Financial aspects related to the anticipated remarriage may affect the amount of maintenance. Factors such as the likelihood of remarriage may also be considered. If either party is cohabiting with someone else, the court should consider the financial aspects of such cohabitation. This opens the door to discussing the de facto marital relationship between the petitioner and respondent. Financial support from a current partner may reduce or eliminate the need for spousal support for a former partner. If the individual now seeking support is cohabiting with someone who is not contributing to the expenses, the court may consider the potential financial contribution. This financial support may also be considered a "financial resource" under various parts of the Family Law Act. However, it is not the act of cohabitation itself that is important, but the financial implications associated with it. These financial details must be presented to the court in order for them to be given weight. The establishment of cohabitation does not automatically nullify spousal support. On the other hand, in the case of remarriage, the order will usually be terminated unless the court determines that there are special circumstances. The definition of "cohabitation" may require a degree of stability in the relationship. The definition of cohabitation may imply living as husband and wife, not just sharing a home. However, some court decisions state that a cohabitation relationship may exist even if there is no sexual relationship. If you need legal advice on maintenance or child support, pleaseliaiseChoi Ching Wai, Esq.Family lawyersAddress Level 2, 262 Queen Street, Melbourne 3000, Telephone 0396023988 Address Level 2, 262 Queen Street, Melbourne 3000, Phone: 0396023988

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