NSW Maintenance precedents

[Confuzzled]

I am looking for information on relevant cases/precedents that are similar to the following situation:
Spousal maintenance application. No children. Wife has little/no capacity for work and her income is not enough for an adequate lifestyle (particularly helpful if the wife is on the DSP). The husband has capacity to pay. The husband's discretionary spending can be reduced. Maintenance is awarded to the wife.

My legal aid lawyer has told me there's never been a case of a woman without children being awarded maintenance, that the DSP is not a means-tested public pension, and the courts would not make orders to reduce discretionary spending unless children are involved because adults are not entitled to an adequate standard of living on divorce. I'm trying to find cases to send to him to dispute these assertions.

 

[Rod]

Wife has little/no capacity for work ...

The reason why is an important factor.

And what stage are proceedings at? Are you looking at interim or final orders or both?

Spousal maintenance is not an automatic entitled. They must actively look for work. This is the threshold test you must overcome before any amount is considered.

Bevan and Bevan (1995) is a good case setting the principles used to work out any entitlement.

Yang & Yang [2020] FCCA 1411 (14 May 2020) is a recent case but can't see it applying. The husband in this instance is a high income earner paying $700/wk child support. He offered $200/wk spousal support, wife wanted $420. Judge gave $200/wk

Also read Raleigh & Pauley [2020] FCCA 195.

You may have a better case if you limit your claim for a certain period of time (think of it as an adjustment period) to say 4 or 5 years.

 

[Tim W]

...not enough for an adequate lifestyle...

What, exactly, is an "adequate lifestyle"?
You can expect there to be some dispute about that between the parties.

There's a bit of basic info here.

 

[Atticus]

My legal aid lawyer has told me ........... that the DSP is not a means-tested public pension....... adults are not entitled to an adequate standard of living on divorce.

Don't think that's right ..... DSP is means tested (may be exceptions if there is total blindness) & the court must DISREGARD any means tested payment..

(3) In exercising its jurisdiction under section 74, a court shall disregard any entitlement of the party whose maintenance is under consideration to an income tested pension, allowance or benefit.

(g) where the parties have separated or divorced, a standard of living that in all the circumstances is reasonable;

SOURCE >>>> FAMILY LAW ACT 1975 - SECT 75 Matters to be taken into consideration in relation to spousal maintenance