Case in Point– High Court dismisses spousal maintenance order because wife could seek support from the estate of her late father

The High Court has recently considered the issue of whether voluntary payments from a wife’s family constituted a financial resource available to the wife that would enable her to support herself and eliminate her need to obtain spousal maintenance from her husband.

On 8 June 2016, the High Court handed down its decision in relation to an appeal from the Full Court of the Family Court to discharge an order for a husband to pay his wife interim spousal maintenance of approximately $10,000 per month. In reaching their decision, the High Court determined that it was appropriate for the Full Court to discharge the maintenance order because the wife was able to call on her brothers to provide her with financial support based on a ‘wish’ expressed by the wife’s late father in his will.

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