Spousal maintenance is designed to ensure that individuals who are unable to support themselves after a relationship breakdown, may receive ongoing financial assistance. In Australia, this obligation is governed by the Family Law Act 1975 (Cth) (the Family Law Act), which provides a framework for determining eligibility and the amount of maintenance.
While celebrity cases are not based on the laws in Australia, these examples can help demonstrate the legal principles that apply here. Spousal maintenance applications are separate to property settlement after a relationship breakdown. It is also separate from child support, which is covered by the Child Support (Assessment) Act 1989 (Cth).
Spousal Maintenance Under the Family Law Act
The right to apply for spousal maintenance is made under Section 72 of the Family Law Act.
The factors that a Court will consider when deciding whether to make an award are contained in section 75 of the Family Law Act. · Some of these factors include:
Financial Capacity: The income and financial resources of both parties.
Needs and Obligations: The financial needs of the applicant and any obligations they have.
Standard of Living: The standard of living enjoyed during the relationship.
Duration of the Relationship: The length of the marriage or de facto relationship.
Age and Health: The age and health of both parties.
Contributions to the Relationship: Both financial and non-financial contributions made during the relationship.
Denise Richards and Aaron Phypers
The recent divorce of American actress Denise Richards and her estranged husband, Aaron Phypers, has brought attention to the complexities of spousal maintenance. After six years of marriage, Phypers filed for divorce, citing irreconcilable differences, and requested spousal support. He claimed to have no income since the closure of his wellness business in 2024, while estimating Richards' monthly earnings at over $250,000 from various sources, including her OnlyFans account. The couple's reported monthly expenses amounted to $105,000, with significant allocations for food, clothing, rent, and entertainment.
In the case of Richards and Phypers, the significant disparity in their financial situations, coupled with the high standard of living maintained during their marriage, may influence the court's decision regarding spousal maintenance.
Anna Faris And Benjamin Indra
In 2004, Anna Faris was married to Benjamin Indra. When they divorced, Faris was the primary earner, while Ben’s career was struggling to take off. The divorce concluded with Faris ordered to pay Indra $900,000 in spousal support.
Britney Spears And Kevin Federline
After Britney Spears and Kevin Federline’s divorce, a court ordered Britney to pay Federline $40,000 a month in spousal support, in addition to child support - an amount that approached half a million dollars per year. The size of that obligation fueled tabloid speculation that Federline hesitated to marry his then-girlfriend because doing so might terminate the support. Despite those rumors, Federline married again in 2013.
What We Can Learn
While these cases pertain to the United States, it can highlight issues relevant to spousal maintenance applications in Australia, as there are the same rights to apply here under the Family Law Act.
A binding financial agreement (similar to a ‘prenuptial agreement’) can help provide protection against claims for spousal maintenance in the future, for both married and de facto couples.
For married couples, these types of agreements are covered by section 90B of the Family Law Act. If Denise Richards resided in Australia, there may have been a possible claim for spousal maintenance under section 72 of the Family Law Act, however a section 90B Family Law Act financial agreement can preclude the right to apply for spousal maintenance in the future.
Conclusion
These, and other celebrity cases, underscore the importance of understanding the legal frameworks governing spousal support and the factors that influence court decisions. Individuals in Australia facing similar circumstances should be aware of their rights and obligations under the Family Law Act. Seeking legal advice from a qualified family law professional can provide guidance tailored to individual situations.
If you require assistance with a binding financial agreement, please contact QuickLaws at quicklaws.com.au.
