Following a separation in a marriage or de facto relationship, spousal maintenance may be payable.

An application can be made to the court seeking payments of spousal maintenance.

The court has to take into account a number of factors in order to decide whether a party should be paid spousal maintenance.  These include age, health, capacity for employment, care of children and the financial resources available to each party.

The issue of spousal maintenance is often considered alongside the issue of a property settlement.

The court will consider the needs of the applicant as well as the respondent's capacity to pay.

It is important to seek advice at the earliest opportunity about your eligibility to receive spousal maintenance.