How Spousal Maintenance is Affected by Remarriage in Australia

Spousal maintenance is a payment made by one spouse to the other after a separation or divorce. It is meant to provide financial support to a spouse who is unable to support themselves adequately. In Australia, spousal maintenance is determined by considering various factors, such as income, financial resources, and the living expenses of both parties. However, the situation becomes complicated when the receiving spouse decides to remarry. This blog post will discuss how spousal maintenance is affected by remarriage in Australia.

What is Spousal Maintenance?

Spousal maintenance is a payment made by one spouse to the other to provide financial support after a separation or divorce. It is intended to assist a spouse who is unable to support themselves financially. Spousal maintenance can be paid on a temporary or permanent basis, depending on the circumstances of the case.

The Current Scenario: Statistics on Remarriage in Australia

Remarriage is a common occurrence in Australia. According to the Australian Bureau of Statistics, in 2019, there were 119,973 marriages registered in Australia, of which 15,314 were remarriages for one or both parties. This means that around 12.8% of all marriages in Australia were remarriages. Moreover, the rate of remarriage has been increasing over the years. Between 1999 and 2019, the number of remarriages increased by 35.5%.

Spousal Maintenance and Remarriage: Legal Implications

In Australia, the Family Law Act 1975 governs spousal maintenance. According to the Act, the payment of spousal maintenance is dependent on various factors such as income, earning capacity, age, health, and financial resources of both parties. The court considers these factors before deciding on the amount and duration of spousal maintenance.

However, the payment of spousal maintenance may be affected if either party remarries. Section 90E of the Family Law Act 1975 states that if the party receiving spousal maintenance remarries or enters into a de facto relationship, the obligation to pay spousal maintenance ends. This means that if the recipient spouse remarries, the paying spouse is no longer required to provide financial support.

It is important to note that the paying spouse must apply to the court to have the spousal maintenance order discharged or varied. If the paying spouse fails to do so, they may still be liable to make payments. Therefore, it is essential for both parties to seek legal advice and take appropriate steps to ensure that their rights and obligations are protected.

Diverse Perspectives: Criticism and Support for the Current Legal Framework

The current legal framework regarding spousal maintenance and remarriage in Australia has faced criticism and support from different perspectives. Some argue that the current framework is unfair to the paying spouse, as they may continue to make payments even if the recipient spouse remarries. This can lead to financial hardship and may be seen as a form of punishment for the paying spouse.

On the other hand, some argue that the current framework is necessary to protect the interests of the financially disadvantaged spouse. They argue that if the obligation to pay spousal maintenance ends upon remarriage, the recipient spouse may be left without any financial support, especially if they have given up their career to support the family.

How is Spousal Maintenance Determined in Australia?

In Australia, spousal maintenance is determined based on the financial circumstances of each spouse. The court considers several factors when making a decision, such as the income, financial resources, and living expenses of both parties. The court will also consider the length of the relationship, the age and health of the parties, and the care of children, if any.

The Effect of Remarriage on Spousal Maintenance

Remarriage can have a significant impact on spousal maintenance payments. In Australia, if the receiving spouse remarries, the paying spouse may apply to the court to terminate or reduce the spousal maintenance payments. This is because the receiving spouse is no longer considered to be in financial need due to their new marriage.

Can Spousal Maintenance be Terminated Upon Remarriage?

Spousal maintenance can be terminated upon remarriage. However, the court will consider several factors before making a decision. The court will consider the financial circumstances of both parties, the length of the marriage, and any contributions made by the receiving spouse to the paying spouse’s financial position. The court may also consider whether the remarriage has resulted in a significant change in the receiving spouse’s financial circumstances.

Seeking Legal Advice from Family Lawyers Mackay

If you are going through a separation or divorce and have questions about spousal maintenance, it is essential to seek legal advice from a qualified family lawyer. At Family Lawyers Mackay, our team of experienced family lawyers can provide you with the information and guidance you need to navigate the complex legal process. We can help you understand your rights and obligations, and work with you to achieve the best possible outcome for your situation.

Conclusion:

Spousal maintenance is an essential financial support mechanism for many people going through a separation or divorce. However, the situation becomes complicated when the receiving spouse decides to remarry. In Australia, spousal maintenance can be terminated upon remarriage, but the court will consider several factors before making a decision. If you need legal advice about spousal maintenance, contact Family Lawyers Mackay today.

FAQ

How is spousal maintenance determined in Australia?

Spousal maintenance is determined on a case-by-case basis and takes into account factors such as the income, assets, and financial needs of each spouse.

Can spousal maintenance be terminated if the recipient spouse remarries?

Yes, in Australia, spousal maintenance can be terminated if the recipient spouse remarries.

Does the termination of spousal maintenance upon remarriage apply to de facto relationships as well?

Yes, the termination of spousal maintenance upon remarriage applies to de facto relationships as well.

Does the termination of spousal maintenance upon remarriage apply to all types of spousal maintenance?

No, the termination of spousal maintenance upon remarriage only applies to periodic spousal maintenance, which is ongoing financial support paid on a regular basis.

Does the termination of spousal maintenance upon remarriage apply to lump sum payments?

No, the termination of spousal maintenance upon remarriage does not apply to lump sum payments, which are one-time payments made as part of a property settlement.

Can the recipient’s spouse appeal the termination of spousal maintenance upon remarriage?

Yes, the recipient spouse can appeal the termination of spousal maintenance upon remarriage if they can show that they are still in need of financial support.