Family Court says long term spousal maintenance orders can be made

Family Court says long term spousal maintenance orders can be made

When do periodic spousal maintenance orders end? Can a court make an open ended order, so that seemingly spousal maintenance can go on forever? On Tuesday the Full Court of the Family Court made a major pronouncement on the issue of long term spousal maintenance orders. The case is currently unreported and has not yet appeared on Austlii.

The husband had appealed to the Full Court of the Family Court from a Federal Magistrate’s decision to make an open ended spousal maintenance order, in circumstances where the wife was a university student. The husband was unsuccessful on appeal.

The Full Court held:

A court making a spousal maintenance order often has a choice between, on the
one hand, leaving the order to operate for an indefinite period, knowing that s.83
of the Act
provides for variation if circumstances so change that variation
is justified or, on the other hand, fixing a date of cessation, which often
involves a prediction, albeit on the balance of probabilities, about future
events. Even if the latter course is chosen, an application to vary by way of
removing or extending the date fixed for cessation, is possible. The major
difference between the choices is simply that in the first instance either party
may be as likely as the other to wish to apply for variation, whereas in the
second instance, only the payee is likely to want a variation and if so, must
seek it.

Disclosure: Harrington Family Lawyers acted for the wife.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Egg donation process: fertility lawyer explains

Egg donation involves more than agreeing to help someone have a child. Before treatment proceeds, the donor needs medical clearance, the IVF clinic requires consent forms, and counselling forms part of the preparation. Where the donor knows the intended parent or parents, there is also an important question: what has everyone agreed will happen with… Read More »Egg donation process: fertility lawyer explains

Egg donation in Australia: who can donate?

Egg donation can help another person or couple become parents. But donating eggs involves more than medical treatment. It also involves decisions about consent, identity, family connections and the interests of a child who may be born. The starting point is straightforward: an egg donor must be donating their own eggs, have medical clearance and… Read More »Egg donation in Australia: who can donate?

De facto relationship: what counts under family law?

Sharing a home does not automatically make two people a de facto couple. Equally, living apart does not necessarily mean that a de facto relationship cannot exist. Under Australian family law, the question involves more than an address. The central issue is whether the couple’s relationship amounts to living together on a genuine domestic basis.… Read More »De facto relationship: what counts under family law?

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board