Separation can leave one person unable to meet their reasonable living expenses, particularly where they have been out of the workforce caring for children. Spousal maintenance is financial support paid by one former partner to the other. It is separate from child support and from property settlement, although the three often interact.

When is spousal maintenance payable?

A former spouse or de facto partner may be required to pay maintenance if:

• the person seeking maintenance cannot adequately support themselves – for example, because they care for a child of the relationship under 18, because of their age or health, or for another adequate reason; and
• the other person has the capacity to pay after meeting their own reasonable needs.

Both parts must be established. The court looks at matters such as each person’s income, property and financial resources, age and health, earning capacity, care of children, and a reasonable standard of living.

Types of maintenance orders

• Urgent maintenance – where someone is in immediate need, the court can order payments while the case is ongoing.
• Periodic maintenance – regular payments for a set period, for example while the receiving person retrains or the children start school.
• Lump sum maintenance – a single payment, sometimes dealt with as part of a property settlement.

Time limits

As with property settlement, an application must be made within 12 months of a divorce taking effect, or within two years of a de facto relationship ending, unless the court gives permission.

Agreeing on maintenance

Maintenance can be agreed between the parties and formalised in consent orders or a binding financial agreement. This gives both people certainty and avoids the cost of litigation.

Common questions

Is spousal maintenance paid for life?

Rarely. Orders are usually for a defined period, linked to a particular need such as retraining or caring for young children.

Does my former partner’s new relationship matter?

It can. A new relationship may affect a person’s financial circumstances and therefore their need for, or capacity to pay, maintenance.

How is it different from child support?

Child support is for the children and is usually assessed by Services Australia. Spousal maintenance is for the former partner and is decided by agreement or by the court.

Related services

• Separation & Divorce
• Parenting Arrangements
• Property Settlement
• Domestic & Family Violence
• Consent Orders
• Financial Agreements (BFAs)

This page is general information only and is not legal advice. Every family is different – please contact us for advice about your situation.