Spousal maintenance payments (or de facto maintenance payments, in the case of de facto partners), are not automatically given to one party. In the interests of achieving a ‘clean break’ for both parties it is only ordered for a fixed period of time.
The court will consider a range of factors before granting an order for maintenance, once eligibility for maintenance is confirmed. These factors include, but are not limited to:
Age and health;
Financial resources of both parties, both currently and looking into the future;
The ability of both parties to work;
A suitable standard of living;
How the marriage impacted on the ability of one of the spouses to earn an income;
The existence of children under 18 or disabled adult children who need support.
A similar range of factors are considered in the case of de facto maintenance payments under section 90SF of the Family Law Act 1975.