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Divorce Guide |
No fault divorce and alimony in AustraliaAlimony or spousal support is the financial help one spouse gives to the other after a divorce is finalized. Usually women are at the receiving end of support as they are supposed to be financially weaker then men. Women were dependent on men for generations and are considered as incapable to support themselves. Many a times, spousal maintenance is termed as being biased and based on inequality as it always considers women to be weak. Need of spousal maintenanceSpousal maintenance is necessary as a homemaker wife supports the family while the husband earns. This is considered as a sacrifice on the part of the wife and alimony is the compensatory maintenance. The wife who was supported by her husband suddenly finds herself without any support. There is a need of basic subsistence by the divorced women. Many a times there are children involved in cases of divorce. When a divorced woman is a mother of a young child, it becomes an obstacle for her to work. Spousal maintenance puts a lot of financial strain on the welfare system of the state. It is considered that, a family which is self sufficient before a breakup, is able to survive and there is no need to use government funds for their welfare. This view of considering women to be weak and economically dependent was challenged and many divorcing couples like to have a clean break up. Factors affecting the spousal support:The spousal maintenance law in Australia has fair and very extensive provisions. The Family Law Act of Australia mentions the factors to be considered while determining the spousal maintenance.
Enforcement of alimony in Australia:The court may order the spouse to pay the alimony in case the claimant is financially weak and cannot support herself. The court also considers if the other spouse is in a condition to pay the alimony. It is the duty of the other spouse to pay the alimony in case it is ordered by the court. The sections 72 and 81 of the family law Act deal with alimony. The Property Act of 1984 also deals with alimony payments in Australia. Alimony is not affected by a no fault divorce in Australia. After the Family law Act of 1975, many Australian couples prefer clean breakup. This is because alimony maintains the long dead relationship alive even if both the partners have moved on in life. Clean breakup allows both the parties to start a new life without any obligations and each spouse is supposed to support herself after divorce. Due to this, there are very few orders of alimony payment in Australian divorce courts.
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Divorce in Australia
Divorce Advice for Australians Divorce GuideDirvorce in Europe
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