When a relationship or marriage ends, one partner may still need financial support from the other to get by. Under Australian family law, this kind of help is called spousal maintenance. It is different from child support, which is money paid to help raise children. Spousal maintenance is money paid by one former partner to the other to help them cover their living costs if they are unable to support themselves.
The courts consider spousal maintenance as part of their goal to make sure both partners are treated fairly after separation or divorce. Whether you are the one needing help or the one who might be asked to pay, it is important to understand how spousal maintenance works and when it applies.
Let’s explore what it means, who can get it, how it’s calculated, and how long it lasts.
What Is Spousal Maintenance Under Australian Family Law?
Spousal maintenance is a legal obligation to provide financial support to a former husband, wife, or de facto partner if they cannot support themselves after separation. It helps the person who is struggling to pay for basic things like food, rent, or bills.
Under Australian family law, a person may be entitled to spousal maintenance if they do not have enough money to meet their reasonable needs and the other person has the ability to pay. The aim is not to equalise incomes but to make sure one person is not left in hardship while the other has more than enough.
This support can be arranged by agreement between the two people or ordered by the court. Payments can be made weekly, monthly, or in a lump sum.
Read also: Understanding Australian Divorce: What You Need to Know
Who Is Eligible to Receive Spousal Maintenance in Australia?
Not everyone is automatically entitled to spousal maintenance. The person asking for support must show that they:
- Cannot meet their own reasonable living expenses
- Do not have enough income, savings, or property to support themselves
- Have a valid reason for needing support, such as caring for young children, illness, age, or limited work skills
At the same time, the other person must have the capacity to pay spousal maintenance. The court will look at both people’s income, property, expenses, health, age, and ability to work.
Australian family law applies to both married and de facto couples. De facto partners can also apply for spousal maintenance, as long as they meet certain requirements, like being in a relationship for at least two years or having a child together.
Read also: Understanding Spousal Maintenance and Child Support: A Guide to Financial Settlement in Gold Coast
How Is the Amount of Spousal Maintenance Calculated?
There is no fixed amount for spousal maintenance. Each situation is different, and the court looks at many things before deciding how much should be paid. These include:
- How much money each person earns
- What property or savings they have
- What their living costs are
- Their age and health
- Whether they are caring for children
- Their ability to work or study
The goal is to find a fair balance. The court does not expect someone to give money they do not have. But if one person has extra money after paying their own expenses, they might be asked to share some of it.
Sometimes, spousal maintenance is agreed on privately and approved by the court. Other times, a judge decides the amount based on both people’s financial statements.
How Long Does Spousal Maintenance Last in Australia?
The length of time that spousal maintenance lasts depends on the circumstances. It is usually meant to help someone get back on their feet. It may be:
- Short-term, to help while they finish study or find a job
- Ongoing, if they have a disability, illness, or other long-term reason
- Ended when they remarry or re-partner
- Reviewed if either person’s situation changes
Under Australian family law, a person must apply for spousal maintenance within 12 months of a divorce or within 2 years of the end of a de facto relationship. If they miss this deadline, they may need special permission from the court.
Some people agree on a final lump sum payment instead of ongoing support. Others agree to stop payments at a certain date or when specific events happen, like a child starting school.
Can Spousal Maintenance Be Changed or Stopped After It’s Ordered?
Yes, spousal maintenance orders or agreements can be changed if either person’s situation changes. This might include:
- Losing a job
- Getting a new job with higher pay
- Health issues
- Entering a new relationship
- Winning or losing money or property
If there is a major change, the court may agree to review or cancel the existing spousal maintenance order. The person who wants the change must apply and show evidence of the new situation.
In cases where both parties agreed privately, they can also update their agreement together if things change. It’s important to keep records and, if needed, have the changes approved by the court.
Read also: Planning Your Financial Future Post-Divorce
Keeping It Fair for Everyone
Understanding how spousal maintenance works helps both parties feel more secure and informed after separation. Whether you’re receiving support or being asked to pay, the goal of Australian family law is to make sure the outcome is fair and reasonable. Talking to an expert can help you understand your options and avoid unnecessary stress or confusion.
Need Guidance With Spousal Maintenance?
Unsure about your rights or obligations under spousal maintenance? Speak with the experienced team at Collective Family Law Group. Our lawyers offer clear advice tailored to your situation and can help you understand what’s fair under Australian family law. Whether you’re looking to apply, respond, or review a current arrangement, we’re here to support you every step of the way. Contact us today and get trusted legal guidance from professionals who care.
