Financial uncertainty is one of the most common concerns following a separation or divorce. Spousal maintenance can provide short or longer-term financial support when one party cannot meet their reasonable living expenses and the other has the capacity to help. This guide explains how spousal maintenance works in Australia, how it is calculated, and when it may apply. If you’re unsure where you stand, our Gold Coast family lawyers can help you understand your options under Australian family law.
What is Spousal Maintenance in Australia?
Spousal maintenance is financial support paid by one former spouse or de facto partner to the other when they cannot adequately support themselves. It is separate from child support and is governed by the Family Law Act 1975 (Cth).
Understanding Spousal Maintenance Payments
The Family Court or Federal Circuit Court may order one party to provide financial assistance if certain conditions are met. These include that one person is unable to support themselves due to factors such as caring for children, limited earning capacity, health issues, or other financial circumstances, and the other party has the financial capacity to pay.
Spousal maintenance in Australia ensures that both parties can maintain a reasonable standard of living after separation. It can be paid as ongoing periodic payments or, in some cases, as a lump sum. Agreements can also be reached privately through negotiation or included in a binding financial agreement.
When Spousal Maintenance May Apply
Spousal maintenance may be appropriate when there is a significant difference between each party’s financial resources and ability to support themselves. The Court considers a range of factors, including:
- Age, health, and earning capacity of both parties
- The care of any dependent children
- The income, property, and financial resources of each party
- What is considered reasonable living expenses
- The standard of living during the marriage or de facto relationship
You may be eligible to receive spousal maintenance if you cannot meet reasonable living expenses and your former partner has the capacity to assist. Applications must be made within 12 months of a divorce order taking effect or within two years of the end of a de facto relationship.
How is Spousal Maintenance Calculated?
There is no fixed formula for how to calculate spousal maintenance in Australia. The Family Court assesses all the circumstances of the case to determine whether payments are appropriate and, if so, at what amount.
How Much is Spousal Maintenance in Australia?
The Court considers:
- Each party’s income, financial resources, and earning capacity
- Financial obligations and household expenses
- Each party’s ability to pay
- The duration of the relationship and its impact on financial independence
Because every relationship and financial situation is different, there is no single figure for the average spousal maintenance Australia-wide. Instead, the outcome reflects what is just and equitable based on the evidence provided.
For example, a former spouse who has been out of the workforce caring for children may receive periodic payments until they can gain employment and achieve financial independence.
How Long Is Spousal Maintenance Paid For?
Spousal maintenance may be short-term or ongoing depending on each party’s financial situation and capacity to become self-supporting. The Court will assess:
- Whether the receiving party can return to work or retrain
- The receiving party’s age, health, and future earning capacity
- Whether the receiving party has entered a new de facto relationship or remarried
- Any change in financial circumstances or household expenses
Orders can be varied or ended if circumstances change, such as when the recipient gains sufficient income, forms a new relationship, or the paying party’s capacity to pay decreases.
How to Apply for Spousal Maintenance
Wherever possible, spousal maintenance arrangements are best resolved through negotiation or family dispute resolution. This allows both parties to reach a private agreement about ongoing financial support without the stress of court proceedings.
If an agreement cannot be reached, an application can be made to the Federal Circuit and Family Court of Australia. The Court will review financial statements, evidence of income and expenses, and each party’s capacity to pay.
Wherever appropriate, we work to resolve family law matters out of court through negotiation and family dispute resolution. If court proceedings are required, our team provides strong, focused representation.
Spousal Maintenance and Property Settlement
Spousal maintenance often forms part of broader financial arrangements following separation. It can be addressed alongside or separately from a property settlement. Both matters are considered under the Family Law Act 1975 and depend on the parties’ financial resources, obligations, and future needs.
A binding financial agreement can formalise these arrangements, providing certainty and avoiding later disputes. Remember that there is generally a 12-month time limit after a divorce order takes effect to apply for spousal maintenance or property division.
When to Seek Legal Advice
Every family’s financial circumstances are different. Understanding whether you are entitled to spousal maintenance, how much may be payable, and how long payments may last requires careful assessment of your financial situation and the other party’s capacity to pay.
If you are unsure of your entitlements or obligations, speaking with an experienced family lawyer can help you make informed decisions and plan the right next steps.
We’re with you all the way. Contact us to request an obligation-free appointment with experienced Gold Coast family lawyers today.
