Commonwealth Consolidated Acts

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Right of spouse to maintenance

  (1)   A party to a marriage is liable to maintain the other party, to the extent that the first - mentioned party is reasonably able to do so, if, and only if, that other party is unable to support herself or himself adequately whether:

  (a)   by reason of having the care and control of a child of the marriage who has not attained the age of 18 years;

  (b)   by reason of age or physical or mental incapacity for appropriate gainful employment; or

  (c)   for any other adequate reason;

having regard to any relevant matter referred to in subsection   75(2).

  (2)   The liability under subsection   (1) of a bankrupt party to a marriage to maintain the other party may be satisfied, in whole or in part, by way of the transfer of vested bankruptcy property in relation to the bankrupt party if the court makes an order under this Part for the transfer.

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