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Spousal Maintenance

Financial Support After Separation

If you are unable to support yourself financially after separation, you may be entitled to spousal maintenance. Under the Family Law Act, one partner may be required to provide financial support to their former spouse or de facto partner if they cannot meet their reasonable living expenses.

Spousal maintenance is not automatic – it depends on factors such as income, financial needs, and the ability of the other party to provide support. It can be provided as a one-off payment or ongoing financial support.

Our Gold Coast family lawyers can help you determine your entitlements and obligations, negotiate an agreement, or represent you in court if necessary.

Who Can Apply for Spousal Maintenance?

To be eligible for spousal maintenance, you must prove that:

  • You are unable to adequately support yourself due to factors such as age, health, childcare responsibilities, or limited earning capacity.
  • Your former spouse or partner has the financial ability to provide support.

Spousal maintenance is available after the breakdown of both marriages and de facto relationships. However, strict time limits apply:

  • Married couples – Must apply within 12 months of a divorce being finalised.
  • De facto couples – Must apply within 2 years of separation.

If this deadline has passed, you may need special court approval to apply.

Types of Spousal Maintenance

There are three types of spousal maintenance, depending on your financial needs and circumstances:

  1. Urgent Maintenance
    • For those who are financially cut off immediately after separation and unable to meet basic expenses.
    • Requires a fast-tracked application to the Family Court.
  1. Interim Maintenance
    • Temporary financial support while property settlements and financial agreements are being finalised.
    • Covers essential living expenses until a long-term arrangement is reached.
  1. Final Maintenance
    • A long-term or permanent agreement when one party cannot support themselves indefinitely.
    • Payments may be a lump sum, periodic payments, or additional asset allocation.
    • Support may continue until conditions change, such as:
      • Completion of studies
      • Children reaching school age
      • Recipient becoming financially independent

How is Spousal Maintenance Determined?

If an agreement cannot be reached by negotiation, an application can be made to the Family Court, which considers factors such as:

  • Each party’s income, assets, and financial resources
  • Standard of living during the relationship
  • Responsibilities for caring for children
  • Age, health, and earning capacity of both parties

Our family law team can assist with negotiating an agreement or applying to the Court to secure a fair outcome.

Need Spousal Maintenance Advice? Contact Us Today

If you need help applying for or defending against a spousal maintenance claim, our Gold Coast family lawyers provide expert legal guidance tailored to your situation. 

Contact Robbins Watson Solicitors today to schedule a free initial consultation with one of our experienced family lawyers. 

To book an appointment, you can:

  • Call us on 07 5576 9999
  • Book an appointment online by clicking here
  • Fill out our online enquiry form by clicking here

Alternatively, you can get started online now and receive a free personalised welcome pack in minutes.

📖 If you would like to read more about spousal maintenance: see our blog article Understanding Spousal Maintenance: Family Law, Financial Support, and Legal Obligations

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Frequently Asked Questions (FAQs)

What is spousal maintenance?

Spousal maintenance is financial support that one person may be required to pay to their former spouse or de facto partner if the other cannot meet their reasonable expenses.

Who is eligible to receive spousal maintenance?

Eligibility depends on the claimant’s need for support and the other party’s ability to pay, taking into account age, health, income, caring responsibilities and other circumstances.

How is spousal maintenance calculated?

There is no fixed formula; courts assess the reasonable expenses of the applicant against their income and resources and weigh them against the payer’s capacity after meeting their own expenses.

How long does spousal maintenance last?

Orders may be for a set period, such as while a person retrains or until children reach school age, or they may cease if circumstances change substantially.

Can spousal maintenance be agreed privately?

Yes, couples can include maintenance arrangements in a financial agreement or consent orders, which are enforceable if properly executed.