Spousal Maintenance
Spousal maintenance is financial support from one former partner to the other after separation, separate from child support. It may be payable where one of you cannot reasonably meet your own needs and the other has the capacity to help. We advise people seeking maintenance and people who have been asked to pay it.
Who it applies to
Maintenance can apply after a marriage or a de facto relationship ends. Earning less than your former partner does not, by itself, mean you are entitled to it.
The starting point is whether you can meet your reasonable living expenses from your own income and assets. Your age, health, ability to work and responsibilities caring for children may all be relevant. The other person’s financial position matters too: they must have the capacity to contribute after meeting their own reasonable expenses.
How maintenance is paid
Maintenance can take the form of regular payments, a lump sum or payment of particular expenses. It may be arranged for a fixed period. The amount and duration depend on the circumstances.
Support may be needed while a property settlement is being negotiated or before a final court decision. For example, if you relied on your former partner’s income to cover everyday expenses, you may need help before the matter is resolved. Interim maintenance may be available, and an urgent application can be made where immediate support is needed.
Maintenance and your property settlement
Maintenance and property settlement are separate issues, but they should be considered together. The assets each person receives in a settlement can affect their need for ongoing support or their capacity to pay it.
An agreement about dividing property does not automatically resolve maintenance. If you intend to deal with both, the documents need to reflect that.
We can advise on an appropriate arrangement and how to formalise it, including whether a financial agreement can limit future maintenance claims in your circumstances.
Time limits
You do not need to wait until you are divorced to seek maintenance.
If you were married, an application to the court generally needs to be made within twelve months of your divorce becoming final. For de facto relationships, the usual limit is two years from separation.
These are deadlines for starting proceedings, not limits on how long maintenance can be paid. Outside those periods, you will generally need the court’s permission to apply, and permission is not automatic.
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Common Questions
The deadline for starting court proceedings is 12 months after a divorce becomes final for married couples, or two years after separation for de facto couples. You do not need to wait for a divorce to deal with property or maintenance. These are filing deadlines, not deadlines for the whole case to finish, and continuing negotiations does not extend them. If the deadline has passed, a late application may still be possible. If the other party does not agree, you can seek the Court’s permission, but permission is granted only in limited circumstances. Get legal advice about your options. Our divorce and time-limits guide explains the position for married couples; our property guide also covers de facto deadlines.
Spousal maintenance is financial support from one spouse or former spouse to the other, separate from child support. Similar support can be available after an eligible de facto relationship ends. It may be payable where one person cannot reasonably meet their own needs and the other has the capacity to help. Earning less than your former partner does not, by itself, establish an entitlement. Read more about spousal maintenance.
Yes. Maintenance can be sought while property negotiations are underway, and you do not need to wait until you are divorced. You still need to establish your need for support and the other person’s capacity to pay. If you cannot meet necessary living expenses now, seek advice promptly; urgent or interim orders may be available. Our spousal maintenance page explains the relationship between support and property settlement.
There is no fixed amount or standard duration. The assessment considers reasonable living expenses, income, assets, health, earning capacity and responsibilities caring for children, alongside the other person’s ability to pay. Maintenance may involve regular payments, a lump sum or payment of particular expenses, sometimes for a fixed period. A property settlement can affect the need for support or capacity to pay it. Our spousal maintenance page explains the main considerations.
