What Is Spousal Maintenance

Am I Entitled To Spousal Maintenance?

Spousal Maintenance is available under the Family Law Act and is therefore a possible entitlement for divorced or de facto parties.

What Is Spousal Maintenance?

Spouse Maintenance is when one person provides ongoing financial support for the other ex-partner or ex-spouse.

Although available under the Family Law Act - paying or receiving maintenance is not automatically granted by the courts. In assessing a spousal maintenance application, the court will consider the needs of the person claiming maintenance  and the other spouses capacity to pay.

In assessing spousal maintenance the court takes into consideration the following information about you both:

  • your age and health
  • your income, property, and financial resources
  • your ability to work
  • what is a suitable standard of living,
  • if the marriage has affected your ability to earn an income.
  • A court also takes into account with whom the children (under 18 years of age or adult children who are disabled) live. 

    Are There Time Limits To Apply For Spousal Maintenance?

    Applications for spouse maintenance if you are a party to a marriage must be made within 12 months of your divorce becoming final. 

    Applications for de facto spouse maintenance must be made within 2 years of the breakdown of your de facto relationship.

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    Learn more  with our useful resources, articles and our Frequently Asked Questions section.