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Closing the Gap: How Spousal Alimony is Decided in Australia Amidst Vast Financial Disparity

How Spousal Alimony is Decided in Australia Amidst Vast Financial Disparity

Moving to Australia is exciting, but separation can be stressful especially if your partner earns much more than you. For Indian spouses in NRI marriages, this financial gap can feel scary.

Spousal alimony is money paid by the higher-earning partner to the lower-earning partner. It helps you keep a decent lifestyle after separation. This guide explains how the Australian Family Court decides alimony and what you can do to get a fair divorce settlement.

What is Spousal Alimony?

Spousal alimony (also called spousal maintenance) is not charity. It’s a legal right. The law ensures one partner does not struggle financially while the other continues a high-earning lifestyle.

The court looks at:

  • Financial disparity: The big difference in earnings between partners.
  • Lifestyle: Your shared standard of living during marriage.
  • Contribution: Non-money contributions like raising children or supporting your partner’s career.

How Income Differences Affect Alimony

  • If one partner earns a lot more, the court doesn’t just give money for basic needs.
  • The goal is to keep your lifestyle close to what you had together.
  • Your lawyer will show your partner’s income proof, like salary, bonuses, shares, and superannuation.
  • If your partner has property or money in India or other countries, your lawyer can include it.
  • Longer marriages and higher lifestyles usually mean higher alimony.

Indian Law Can Help Too

Courts now accept digital proof, like online bank statements or property records.

The BNSS 2023, Section 144 helps Indian spouses with assets in India.

Your lawyer can file a claim in India if your partner owns property or money there.

Steps to Get Fair Alimony

1. Try Mediation First

2. Go to Court if Mediation Fails

  • If you can’t agree, your lawyer files a case in the Federal Circuit and Family Court of Australia.
  • Your lawyer will show:
    • Your partner’s income proof
    • Your expenses and lifestyle
    • Your partner’s ability to pay
  • The court can order monthly alimony or a one-time payment.

Example Case

The Marriage of Rajan & Smith (2025)

  • A high-earning NRI husband had to pay both a lump sum and ongoing alimony.
  • The court counted bonuses as part of the couple’s lifestyle.
  • Indian law (BNSS Section 144) also supported fair alimony, protecting the spouse’s dignity.

Tips for Getting the Best Alimony

  • Keep Records: Save your receipts and track all your spending.
  • Plan Your Future: Show the court how you will earn money and become independent.
  • Choose Payment Type: Decide if you want a one-time payment or regular monthly payments.
  • Gender-Neutral: Both people of all genders can ask for alimony.

FAQs

  • Is alimony paid forever?

Ans: No. Usually it’s paid for a set time or until something important happens, like the kids finishing school.

  • Can I claim alimony if I never worked outside the home?

Ans: Yes. Taking care of the home and children is important, and the court counts it.

  • What if my spouse has property or money in India?

Ans: Your lawyer can use BNSS Section 144 to include those assets in your alimony claim.

  • How much do divorce lawyers cost?

High-earning cases can cost around AUD 400–600 per hour. Using mediation can save money.

  • When can I apply for alimony?

Ans: You can apply right after separation. You don’t have to wait for the divorce papers.

  • Does a prenup stop alimony?

Ans: Not completely. Courts can ignore a prenup if it leaves one partner unable to pay for basic needs.

  • How do custody arrangements affect alimony?

Ans: If you care for the children most of the time, you may need more financial support.

Outlook

For Indian spouses in Australia, dealing with financial differences takes careful planning. Use skilled alimony lawyers, mediation services, and both Australian and Indian law (BNSS) to get a fair divorce settlement.

You can protect your lifestyle, secure independence, and move forward with confidence.

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