News

Latest News and Updates From the Team

Spousal Maintenance The Threshold Test


Recently I had cause to revisit the issue of the threshold issue in spousal maintenance.

The matter was looked at by the Full Family Court in the case of McCrossen and McCrossen [2006] FamCA 868.

A wife who wanted to become a teacher failed in her bid for spousal maintenance because the court found she could support herself by using her existing skills.

The wife had been out of the workforce since 1996, but had last worked as a section head in the public service. The wife gave evidence that she wished to be retrained as a teacher rather than return to her former occupation. Expert evidence was given on behalf of the husband that she could get a job in the public service on a higher salary than she would receive after retraining as a teacher.

The Court held that the Family Law Act requires that a party establish that they are unable to support themself, not that they are unable to support themself in a particular endeavour as opposed to another which may be available to them. Accordingly the wife did not satisfy the threshold test for eligibility for spousal maintenance.

This case has very practical implications for a party seeking support from the other after separation.

We let our clients do the talking..
“We are sincerely grateful for all the help you have given us thus far and we as a family can see you act with great integrity and have maintained professionalism and dignity throughout the whole process, we are so grateful for that.”

Belinda

5.0
2016-11-15T06:45:50+00:00

Belinda

“We are sincerely grateful for all the help you have given us thus far and we as a family can see you act with great integrity and have maintained professionalism and dignity throughout the whole process, we are so grateful for that.”
We let our clients do the talking..
Your advice was always candid and in good faith… Without your assistance, I do not believe I would have reached closure with this matter as quickly as I have. I have nothing but admiration for your persistence in pursuing my best interests despite constant setbacks and obstacles.. I would not hesitate to recommend your services to others in need of assistance….

James

5.0
2016-11-15T22:42:46+00:00

James

Your advice was always candid and in good faith… Without your assistance, I do not believe I would have reached closure with this matter as quickly as I have. I have nothing but admiration for your persistence in pursuing my best interests despite constant setbacks and obstacles.. I would not hesitate to recommend your services to others in need of assistance….
We let our clients do the talking..
“The advice that I received from Emersons was to the point and correct. Aish anticipated a scenario, which later came true and I am truly grateful, that I followed their advice early on during my separation which protected my financial position at a time when I was most vulnerable.”

Anonymous

5.0
2016-11-15T22:43:30+00:00

Anonymous

“The advice that I received from Emersons was to the point and correct. Aish anticipated a scenario, which later came true and I am truly grateful, that I followed their advice early on during my separation which protected my financial position at a time when I was most vulnerable.”
We let our clients do the talking..
“I would like to take this opportunity to sincerely thank you and your team for all your time and support throughout the last two years. It has taken the last couple of weeks to comprehend that this process is finally over and with an outcome that will best benefit my family in the future. Your understanding and compassion for us and our situation has been truly appreciated.”

Kylie

5.0
2016-11-15T22:44:13+00:00

Kylie

“I would like to take this opportunity to sincerely thank you and your team for all your time and support throughout the last two years. It has taken the last couple of weeks to comprehend that this process is finally over and with an outcome that will best benefit my family in the future. Your understanding and compassion for us and our situation has been truly appreciated.”
We let our clients do the talking..
“I would like to take this opportunity to thank you and the whole team for your support throughout my case. I wish you all the very best and please be assured of future referrals and positive feedback about your approach, leadership, focus and integrity. It was these qualities and more that really made the difference during some exceptionally challenging times.”

Neil

5.0
2016-11-15T22:45:03+00:00

Neil

“I would like to take this opportunity to thank you and the whole team for your support throughout my case. I wish you all the very best and please be assured of future referrals and positive feedback about your approach, leadership, focus and integrity. It was these qualities and more that really made the difference during some exceptionally challenging times.”
5.0
5
map