Spousal Maintenance
Spousal maintenance is financial support that one partner may be required to pay to the other after separation or divorce if they are unable to adequately support themselves. This can apply to both married and de facto couples, provided certain legal requirements are met.
Strict time limits apply — generally within 12 months of divorce for married couples, and within 2 years of separation for de facto couples.
We can help you apply for urgent, interim, or ongoing maintenance orders, negotiate fair agreements, and ensure your rights and obligations are clearly understood.
The Court considers the needs of an applicant, and the respondent's capacity to pay.
The Court considers the following about both of you:
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your age and health
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your income, property, and financial resources
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your ability to work
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whether you have the care of a child of the relationship, including the need to provide appropriate housing for the child
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the effect of any family violence
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what is a suitable standard of living, and
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if the marriage has affected your ability to earn an income.
The Court also takes into account with whom the children (under 18 years of age or adult children who are disabled) live.
What does the Court consider when making a decision?
How long is spousal maintenance paid for?
Spousal maintenance is generally intended as short- to medium-term financial support until the receiving party can become self-sufficient.
How is spousal maintenance paid?
Spousal maintenance can be paid in a few different ways, depending on what the parties agree to or what the Court orders. Common methods include:
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Regular periodic payments – e.g. weekly, fortnightly, or monthly payments directly to the recipient’s bank account.
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A lump sum payment – either as a one-off or in instalments, often made as part of a broader property settlement.