Spousal Maintenance

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FAQ

Spousal Maintenance FAQs

What is spousal maintenance?

Spousal maintenance is financial support paid by one party to their former partner after separation or divorce. It ensures that a person who cannot support themselves receives adequate assistance.

Who is eligible for spousal maintenance in Australia?
You may be eligible if you cannot meet your own reasonable living expenses and your former spouse or de facto partner has the capacity to pay. Eligibility depends on financial need and ability to support.
Is spousal maintenance only for married couples?
No. Both married and de facto couples (including same-sex couples) may be entitled to spousal maintenance under Australian family law.
How is spousal maintenance calculated?
There is no fixed formula. The court considers each party’s income, expenses, health, age, care of children, and ability to work when assessing whether spousal maintenance should be paid.
How long does spousal maintenance last?
It can be ordered for a specific time (e.g. until retraining or employment is possible), or in some cases, indefinitely. Payments may stop if the receiving party remarries or their financial situation changes.
Do I need a court order for spousal maintenance?
Not always. Spousal maintenance can be arranged privately or through a legally binding financial agreement. If no agreement can be reached, you can apply to the Federal Circuit and Family Court of Australia.
What’s the difference between spousal maintenance and child support?
Spousal maintenance supports a former partner, while child support covers the financial needs of children. These are separate legal obligations.
Is there a time limit to apply for spousal maintenance?
Yes. You must apply within 12 months of a divorce becoming final, or 2 years after the end of a de facto relationship. Extensions may be granted in limited circumstances.
Can spousal maintenance be varied or cancelled?
Yes. If there’s a significant change in either party’s financial situation (e.g. job loss or illness), an application can be made to vary, suspend, or discharge the order.
Should I speak to a lawyer about spousal maintenance?
Yes. A family lawyer can help you understand your rights, negotiate a fair agreement, and represent you in court if needed.