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

US Birthright Citizenship Challenge: What It Means for Australian Surrogacy Parents

The US Supreme Court has just heard one of the most consequential cases for international surrogacy in decades—and if you’re an Australian intended parent pursuing surrogacy in the United States, this directly affects you. Stephen Page, Director at Page Provan Family & Fertility Lawyers, breaks down what happened at the Supreme Court hearing in March… Read More »US Birthright Citizenship Challenge: What It Means for Australian Surrogacy Parents

WA Surrogacy Law Update: Nobody Knows When it Starts

If you’ve been waiting for Western Australia’s new surrogacy and fertility laws to take effect, you’re not alone—and the honest answer right now is: nobody knows exactly when they will. In this short update, Stephen Page, Director at Page Provan Family & Fertility Lawyers, breaks down where things stand with Western Australia’s Assisted Reproductive Technology… Read More »WA Surrogacy Law Update: Nobody Knows When it Starts

Pride is in the Air: When Pride Met Purpose

Sometimes a moment lands in a way that feels more than coincidental. For Stephen Page, Director at Page Provan Family and Fertility Lawyers, that happened on a Sunday in March after speaking at the Growing Families Conference in Melbourne. The conference focused on surrogacy and donation, the two pillars of modern family building for many… Read More »Pride is in the Air: When Pride Met Purpose

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