Spousal Maintenance
Advice for people seeking financial support from a former partner, and for those responding to a claim.
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.
A former spouse or de facto partner may be required to pay maintenance if:
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.
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.
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.
Rarely. Orders are usually for a defined period, linked to a particular need such as retraining or caring for young children.
It can. A new relationship may affect a person’s financial circumstances and therefore their need for, or capacity to pay, maintenance.
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.
This page is general information only and is not legal advice. Every family is different – please contact us for advice about your situation.
Rees maintains a limited caseload so that every client receives his personal attention. Request a call back or phone 07 3532 4040.
Your enquiry is kept confidential. Please keep your message brief – we’ll go through the details with you once we have completed a conflict check.