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When Is Spousal Maintenance Payable?
When a relationship ends, the financial impact isn’t always felt equally. One partner might struggle to pay everyday living costs, especially if they’ve been out of the workforce or are caring for children. In situations like this, spousal maintenance may be available. Spousal maintenance is not guaranteed, but the law recognises that sometimes one person needs temporary support to get back on their feet.
What Is Spousal Maintenance?
Spousal maintenance is a financial payment made by one former partner to the other after separation. It can apply to both:
It is designed to help the lower-income partner meet reasonable living expenses when they can’t support themselves right away. Importantly, it is completely separate from child support and different to property settlement.
- Married couples, and
- De facto couples (including same-sex relationships)
It is designed to help the lower-income partner meet reasonable living expenses when they can’t support themselves right away. Importantly, it is completely separate from child support and different to property settlement.
Who Can Apply?
You may be eligible for spousal maintenance if:
Common reasons someone may be financially disadvantaged include:
Both need and capacity must exist. If one is missing, the court is unlikely to order maintenance.
- You cannot reasonably support yourself, and
- Your former partner has the capacity to contribute
Common reasons someone may be financially disadvantaged include:
- Caring full-time for young children
- Reduced ability to work due to age, illness, or disability
- Time away from employment to support the relationship or household
- Limited job opportunities due to skill gaps
- Family and domestic violence impacting work capacity
Both need and capacity must exist. If one is missing, the court is unlikely to order maintenance.
How Does the Court Decide?
The Court looks at a range of financial and personal factors, including:
The goal isn’t to maintain a luxurious lifestyle, it’s to ensure basic needs can be met fairly.
- Income and earning ability
- Current job, qualifications, future prospects
- Assets and financial ability
- Savings, investments, business interests
- Necessary living expenses
- Rent/mortgage, bills, food
- Age and health
- Health Conditions limiting employment
- Child-caring responsibilities
- School pick-ups, special needs
- Standard of living during the relationship
- What’s considered reasonable moving forward
The goal isn’t to maintain a luxurious lifestyle, it’s to ensure basic needs can be met fairly.
How Long Does Spousal Maintenance Last?
Maintenance is usually temporary, helping someone become financially independent. It may be:
Payments can also be varied if circumstances change significantly for either party.
- Short-term weekly or monthly payments
- A one-off lump sum
- Until a specific event such as returning to work or children reaching school age
Payments can also be varied if circumstances change significantly for either party.
Time Limits - Don’t Miss Them
Applications must be made:
Late applications require special permission, which can be difficult to obtain.
- Within 12 months of divorce being finalised (married couples)
- Within 2 years of separation (de facto couples)
Late applications require special permission, which can be difficult to obtain.
Key Takeaways
- Spousal maintenance isn’t automatic
- It requires demonstrated financial need and the other person’s capacity to pay
- It can support people transitioning back to independence
- It is separate from both child support and property settlement
- Legal time limits apply, acting early is crucial
Separation can leave one person financially vulnerable and spousal maintenance is designed to help bridge that gap fairly. If you think you may have an entitlement (or you may be required to pay), getting legal guidance early can help you understand your rights and options.
For more family law advice like this, feel free to reach out to Genuine Legal for a consultation.
Call us on (07) 2113 4645 if you need our assistance.
Call us on (07) 2113 4645 if you need our assistance.
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