An overview of the spousal maintenance (alimony) legislation within Australia.
Written in 2009; 1,608 words; 14 sources; APA; $ 52.95
Paper Summary:
The paper defines spousal maintenance, (or alimony as it is known in the United States) and the two factors that must be taken into consideration under Australian law. The paper explains these factors that are the capacity for the maintenance to be paid, and the need for the maintenance to be received. The paper discusses the government's intention in creating the legislation that outlined spousal maintenance and then relates the conventional view of spousal maintenance prior to the inception of the Family Law Act 1975. The paper contrasts this to the conventional view of spousal maintenance and outlines the current legislation in relation to this topic. The paper concludes that current legislation requires reformations to allow the emergence of acceptable outcomes of all spousal maintenance cases heard within Australia.
From the Paper:
"Spousal maintenance is an outdated theory which perseveres in prolonging fragments of discarded associations of two parties formerly engaged in marriage. The concept is antithetical towards the economic autonomy of the two parties as incorporated in s.81 of the Family Law Act 1975, which states that it is the duty of the court to end financial relations between separated spouses. Spousal maintenance also dissuades the parties from engaging in new relationships as a result of the formation of pecuniary obstacles and disincentives. (Priestly, 2003)."
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