(07) 2113 4645

If your matter is urgent or you need to speak to a Family Law Solicitor right now, we can accommodate it. Please call 07 2113 4645 and ask to be connected to a Solicitor while you are on the call.

Call us
Send email
What Is Spousal Maintenance and Am I Eligible?
Spousal maintenance is a financial support payment from one former partner to the other after separation or divorce. It's designed to assist a party who is unable to adequately support themselves, either temporarily or long-term. It is separate from child support, which relates specifically to the needs of children. Spousal maintenance is about ensuring fairness and financial stability between separating spouses or de facto partners, especially when there is a significant difference in earning capacity.

Who Can Apply for Spousal Maintenance?

You may be eligible to apply for spousal maintenance if:
  • You were married and are now separated or divorced, or
  • You were in a de facto relationship that has broken down

In both cases, you must prove that:
  1. You cannot support yourself adequately, and
  2. Your former partner has the capacity to pay

What Does the Court Consider?

To decide whether spousal maintenance should be paid, and how much, the court considers the financial needs and capacity of both parties. This includes:

For the person seeking maintenance:
  • Age and health
  • Ability to work
  • Income, property, and financial resources
  • Care of children (especially under 18)
  • Standard of living during the relationship

For the person being asked to pay:
  • Their ability to pay (after meeting their own reasonable expenses)
  • Their income and financial resources
  • Their obligations to others (e.g. child support)

How to Apply for Spousal Maintenance

You can apply for spousal maintenance through the Federal Circuit and Family Court of Australia.

It’s important to act within the time limits:
  • Married couples: Apply within 12 months of divorce
  • De facto couples: Apply within 2 years of separation

In some cases, the court may allow applications outside these limits, but only if there are special circumstances.

Final Thoughts

Spousal maintenance is not automatic, but it exists to ensure that financial hardship isn’t a consequence of separation, especially when one partner has sacrificed career opportunities or supported the other’s advancement. If you think you may be eligible or may be asked to pay spousal maintenance, it’s important to get legal advice early. A family lawyer can help you understand your rights, assess your financial position, and guide you through negotiations or court applications.
For more family law advice like this, feel free to reach out to Genuine Legal for a consultation.
Call us on (07) 2102 0641 if you need our assistance.
Tags:
Family
Related articles
Blog: Serving Divorce Papers in Australia: What You Need to Know
Serving divorce papers in Australia? Understand the service requirements and methods with our expert guidance for seamless proceedings.
Blog: Finances and property: We cannot agree
Navigate financial disputes in Australia with expert legal guidance. Learn about pre-action procedures, duty of disclosure, and time limits for resolution. Schedule a free consultation.
Blog: When mediation fails – what’s next?
Exploring options when mediation fails in family law disputes
Blog: When mediation is not appropriate
Mediation not always ideal for family disputes. Learn when it's ineffective for parenting or property matters, and alternatives when facing urgency or safety issues.