Agarwal & Gara

In the matter of *Agarwal & Gara*, Her Honour Judge C. E. Kirton QC of the Federal Circuit and Family Court of Australia considered an application for interim spousal maintenance. The applicant wife sought maintenance from the respondent husband following the parties' separation.

The court was required to determine whether the wife was unable to adequately support herself, and if so, what the quantum of her reasonable needs was, and whether the husband had the financial capacity to meet those needs. The court also considered the wife's current employment income, her financial resources, and her reasonable monthly expenses.

Her Honour found that the wife, despite being employed full-time, had a shortfall between her income (including child support) and her reasonable monthly expenses. The court determined that the husband had sufficient financial resources, including access to businesses with significant turnover, to meet the wife's needs. Applying the principles from *Milankov & Milankov*, the court also considered the possibility of retrospective spousal maintenance.

The court ordered that the respondent husband pay the applicant wife a lump sum of $6,225 within seven days, and thereafter $415 per week by way of interim spousal maintenance until further order.