Not usually.  Once you remarry then your entitlement to spousal support usually ceases.  In some limited circumstances the Court may order that maintenance continue after remarriage.

This is up to the Court and depends on a number of factors such as the financial relationship between you and your new partner.  We will be able to help you navigate this process.

Yes.  You do not need to be divorced in order to apply for spousal support.  You can even ask the Court to order spousal support without being separated from your spouse in some circumstances.

You must apply to the Court within twelve months of getting divorced for marriages or within two years of the date of separation for de facto relationships.

The Court can make an order for urgent, stop-gap spousal maintenance in circumstances where it appears that one party of the former marriage or relationship is in immediate need of financial assistance, even if it is not possible for the Court to determine exactly what order should be made on a longer-term basis. This might happen where the party is unable to meet their basic needs, such as food or housing and it appears that the other party has sufficient funds to support themselves.

Once the party’s immediate need for financial assistance is met, the Court will take the time to consider the matter more fully by looking closely at each party’s financial circumstances.

Urgent spousal payments are usually an interim order which is put in place until the next hearing date or such other date as determined by the Court.  We will be able to advise you in relation to making an urgent application to the Court, and the likelihood that orders for urgent maintenance or support will be made by the Court.