After separation, one partner may not be able to meet their own reasonable needs — whether because of caring responsibilities, lower income, or the need to re-establish their financial footing. Spousal maintenance is financial support paid by one former partner to the other, and it is separate from child support. Understanding whether you are entitled to it (or obligated to pay it) is an important early step.
Spousal maintenance is financial support paid by one party to a separated marriage or de facto couple to the other. Under the Family Law Act 1975 (Cth), a person is entitled to maintenance if they cannot adequately support themselves and their former partner has the capacity to pay.
The test has two limbs — need and capacity. Need is assessed by reference to what you genuinely require to maintain a reasonable standard of living, having regard to the standard of living during the relationship. Capacity is assessed by looking at your former partner's income, assets and expenses.
Maintenance can be urgent (sought immediately after separation where there is financial hardship), interim (paid while proceedings are ongoing), or final (a settled ongoing or lump-sum arrangement). It is not automatic — it must be applied for, and time limits apply. For married couples, proceedings must generally commence within 12 months of the divorce order. For de facto couples, generally within 2 years of separation.
We review your income, expenses, assets, earning capacity and the standard of living during the relationship to form a clear picture of whether a maintenance claim can be supported.
We also assess your former partner's financial position — their income, assets, liabilities and commitments — to determine whether a maintenance order is realistic and defensible.
Where you face immediate financial hardship, we can apply urgently for interim maintenance while the full property and financial settlement is resolved.
Maintenance is ideally resolved as part of the overall property settlement — by consent orders or court orders — specifying the amount, frequency and end date.
General information only. This is not legal advice — your situation is unique. Contact us for advice specific to your circumstances.
We give you a realistic assessment of whether a maintenance claim is viable — taking into account both need and your former partner's capacity — before you commit to the cost of proceedings.
If you are in financial difficulty now, we can move quickly to obtain urgent interim maintenance so you can meet your living expenses while your broader matter is resolved.
Maintenance and property settlement interact. We ensure your maintenance position is properly accounted for in your overall financial outcome.
If you have been served with a maintenance application and believe the claim is disproportionate to your capacity to pay, we can advise and represent you.
No. Spousal maintenance must be applied for and requires you to demonstrate both need and your former partner's capacity to pay. It is not awarded automatically on separation. This is general information only.
Maintenance can be periodic (ongoing payments for a set or open-ended period) or a lump sum. The duration depends on the circumstances — it may end on remarriage, cohabitation, self-sufficiency, or a specified date. This is general information only.
Yes. Where you face immediate financial hardship after separation, you can apply for urgent or interim spousal maintenance. Courts can act quickly where genuine hardship is demonstrated. This is general information only.
No. They are separate obligations. Child support is calculated under a separate scheme administered by Services Australia and relates to the financial needs of the children. Spousal maintenance relates to the financial needs of the former partner. This is general information only.
Maintenance orders can be varied by the court if there is a material change in the financial circumstances of either party. This includes a significant increase in your ex's income or a change in your own earning capacity. This is general information only.
The information on this page is general information only and does not constitute legal advice. Your situation is unique — please contact us for advice specific to your circumstances.
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