Your local family law spousal maintenance lawyers

In Australia, spousal maintenance laws are primarily governed by the Family Law Act 1975. Spousal maintenance refers to financial support provided by one spouse to the other following a divorce or separation. It may be awarded if one party cannot adequately support themselves financially, and the other party has the capacity to contribute. 

Courts consider various factors when determining spousal maintenance, including the financial needs of the party seeking maintenance, the payer's capacity to pay, the standard of living during the relationship, and the age and health of both parties. In the event that a party is in receipt of a pension, the court will effectively treat that party as having no income. 

The duration of spousal maintenance can vary. It may be paid on a periodic basis for a specific period of time, such as until the children are old enough to attend school and the parent who is seeking the maintenance can resume paid employment, or provide the person sufficient time to study and re-train so they can obtain employment. 

Spousal maintenance can be agreed upon by the parties and formalised through consent orders or sought through court proceedings. Consent orders involve an agreement approved by the court, while court orders may be made if an agreement cannot be reached.

Spousal maintenance ceases on the death of the receiving party, remarriage, or upon the death of the person making the maintenance payments, depending on the circumstances. If there is a change in the financial circumstances of either party, then the order may be varied.

Depending on the specific situation of the parties involved, spousal maintenance can take various forms, including:

• Interim maintenance - temporary financial support provided during legal proceedings, such as divorce or separation, to assist the economically disadvantaged spouse until a final decision is made
• Short-term maintenance - given for a limited duration following the separation, often to support the receiving spouse during a transitional period 
• Long-term maintenance - ongoing financial support for a more extended period
• Lump sum payment - provides immediate financial support and eliminates the need for ongoing periodic payments

There is no fixed amount for spousal maintenance in Australia as it is dependent on individual circumstances. The amount is determined by assessing factors such as the financial needs of the spouse or de facto partner seeking maintenance, the paying party’s capacity to contribute, the standard of living during the relationship, contributions made by both parties, age, health, caring responsibilities, and other relevant factors. 

Spousal maintenance is case-specific, and negotiations or court orders aim to provide financial support that is fair and reasonable given the unique circumstances of each case.

In Australia, spousal maintenance laws apply to de facto couples as well as married couples. If you were in a de facto relationship and have separated, the court may consider spousal maintenance if one partner is unable to adequately support themselves, and the other has the capacity to contribute.

Applications for spousal maintenance in de facto relationships must generally be made within two years of the breakdown of the relationship. However, the court has discretion to allow applications outside this time limit in certain circumstances.