Your Complete Guide to Spousal Maintenance Australia in 2025

Understanding Spousal Maintenance Australia

Spousal maintenance in Australia is a financial arrangement designed to support a former spouse or de facto partner who is unable to support themselves financially after separation or divorce. This financial assistance is separate from child support and is not automatically granted, it must be applied for and assessed based on need and the other party’s ability to pay.

The purpose of spousal maintenance is to ensure that one party does not suffer undue financial hardship following the breakdown of a relationship, particularly if they were financially dependent on their former partner during the relationship. It recognises that in many partnerships, one person may have taken on primary caregiving responsibilities or made career sacrifices that impact their ability to earn an income after separation.

How Spousal Maintenance Works

Spousal maintenance Australia can be paid in different ways, depending on what is agreed upon between the parties or ordered by the court. The two main types of payments are:

• Lump Sum Payments: A one-time payment that covers the recipient’s financial needs for a determined period. This is typically used in cases where a clean financial break is preferred.
• Periodic Payments: Ongoing payments made weekly, fortnightly, or monthly to provide continuous financial assistance for living expenses. The length of time these payments continue will depend on the circumstances of the case and whether the recipient becomes financially independent over time.

Spousal maintenance is not a permanent arrangement in most cases. The goal is to provide financial support for a reasonable period while the recipient transitions to a position where they can support themselves. In some situations, payments may be required for a longer duration, particularly if the recipient is unable to gain employment due to age, disability, or caring for young children.

Legal Basis for Spousal Maintenance

In Australia, spousal maintenance is governed under the Family Law Act 1975, which states that a person has a responsibility to support their former spouse or de facto partner to the extent that they are reasonably able, provided that the recipient is unable to meet their own financial needs.

This obligation is not automatic, and the court considers various factors when determining whether maintenance should be paid. The amount and duration of payments depend on factors such as each party’s income, assets, and financial obligations.

Differences Between Spousal Maintenance and Child Support

Although both involve financial assistance following separation, spousal maintenance and child support serve different purposes.

• Spousal maintenance is intended to support a former partner who cannot meet their own financial needs.
• Child support is specifically for the financial care of children and ensures that their living expenses, education, and other needs are met.

A person can receive both spousal maintenance and child support, but they are assessed separately.

Applying for Spousal Maintenance

Spousal maintenance can be agreed upon informally between the parties, included in a legally binding financial agreement, or applied for through the Federal Circuit and Family Court of Australia. If an agreement cannot be reached, the court may determine whether maintenance is necessary and set the amount to be paid.

Given the complexities involved in determining spousal maintenance, it is recommended to seek legal advice to understand your entitlements and obligations.

Who Can Receive Spousal Maintenance?

Both married and de facto partners may be eligible for spousal maintenance if they meet the necessary legal requirements. The court assesses whether one party is unable to adequately support themselves and whether the other party has the financial capacity to provide assistance.

When is Spousal Maintenance Payable?

A person may be entitled to spousal maintenance if they cannot meet their own financial needs and the other party is in a position to provide financial support. Common reasons for eligibility include:

• Caring for a child of the relationship who is under 18 years of age.
• Having a physical or mental health condition that prevents them from earning a sufficient income.
• Any other valid reason that affects their ability to support themselves.

Who Determines Whether Maintenance is Paid?

In many cases, former partners are able to reach an agreement regarding interim spousal maintenance while their property settlement is being finalised. If no agreement can be reached, an application can be made to the court for a formal maintenance order. Seeking advice from a family lawyer can help clarify whether an application is appropriate.

Factors Considered by the Court

When determining spousal maintenance, the court assesses several factors relating to both parties, including:

• Age and overall health condition.
• Income, property, and other financial resources.
• Employment status and ability to work.
• The standard of living that is reasonable in the circumstances.
• How the relationship has impacted either party’s ability to earn an income.
• Whether either party has primary care responsibilities for a child under 18.
• Whether one party wishes to remain in a full-time caregiving role.
• Financial circumstances of a new partner if either party has entered a new relationship.
• Existing property settlement agreements or binding financial arrangements.
• Any child support payments being made.
• Any other relevant circumstances the court considers important.

Time Limits for Applying for Spousal Maintenance

Spousal maintenance is not automatically granted and must be applied for within specific timeframes. The law sets strict deadlines to ensure financial matters between separating couples are resolved in a timely manner.

Application Deadline for Married Couples

If you were legally married, you must submit your application for spousal maintenance within 12 months after the divorce has been finalised. The divorce process in Australia requires a 12-month separation period before an application can be filed, meaning the time frame for seeking spousal maintenance effectively starts after the divorce order is issued.

Application Deadline for De Facto Relationships

For individuals in a de facto relationship, an application for spousal maintenance must be lodged within two years from the date of separation. De facto relationships include couples who have lived together as partners but were not legally married.

What Happens if You Miss the Deadline?

If an application is not filed within the required timeframe, you will need to seek special permission from the court to proceed. However, the court does not automatically grant extensions, and approval depends on whether:

• You can provide a valid reason for missing the deadline, such as unforeseen financial hardship or circumstances beyond your control.
• There is evidence that the other party still has the financial means to provide spousal maintenance.
• You would suffer significant financial hardship if the application is denied.

The court considers each case individually, but late applications face a higher burden of proof, and there is no guarantee that permission will be granted.

Why Time Limits Matter

These deadlines exist to encourage financial independence after separation and to prevent prolonged legal disputes. Courts prefer that both parties move toward financial stability rather than relying on indefinite financial support. If you believe you may be eligible for spousal maintenance, it is important to seek legal advice as early as possible to ensure your application is submitted on time.

For more information on the application process and time limits, you can visit the Federal Circuit and Family Court of Australia website or seek assistance from a family law professional.

Duration of Spousal Maintenance Payments

The length of time spousal maintenance is paid varies depending on individual circumstances. Maintenance orders can be reviewed and adjusted over time. If the recipient remarries, their entitlement to maintenance will generally cease unless the court determines otherwise. Entering a new de facto relationship may also impact entitlement, as the financial relationship with a new partner will be considered when assessing whether the person can support themselves.

For more information on spousal maintenance Australia, consulting a family lawyer can help you understand your rights and options.