Family Law Services › Spousal Maintenance
Spousal Maintenance — Applying For or Contesting Support After Separation
Spousal maintenance is a financial obligation that exists independently of property settlement — and it has its own 12-month time limit after divorce. Whether you cannot adequately support yourself after separation, or you are facing a maintenance application you want to contest, get connected with a family lawyer for a free consultation.
⚠ Spousal maintenance applications must be made within 12 months of a divorce order (or 2 years of de facto separation). Courts rarely grant extensions. Get advice now.
What We Help With
Spousal maintenance matters — applying, contesting, and varying.
Spousal maintenance is separate from child support and property settlement — it requires its own application and its own legal analysis. A family lawyer ensures the right approach for your circumstances.
Applying for Maintenance
Where you cannot adequately support yourself after separation — applying for periodic or lump sum maintenance from your former spouse or de facto partner.
Urgent Maintenance Orders
Where immediate financial hardship has arisen following separation — urgent interim maintenance orders can be obtained while the overall matter is resolved.
Contesting a Maintenance Application
Responding to a maintenance application and arguing that the other party is able to adequately support themselves, or that your capacity to pay is limited.
Varying Existing Orders
Applying to vary or discharge an existing maintenance order where circumstances have significantly changed — including where the recipient has entered a new relationship.
Lump Sum Maintenance
In appropriate cases, applying for or negotiating a lump sum maintenance payment instead of ongoing periodic payments — often addressed as part of an overall property settlement.
Enforcement of Maintenance Orders
Enforcing an existing maintenance order where the other party has stopped paying — including registration of the order and enforcement proceedings.
What the Law Says
Spousal maintenance in Australia — the legal test.
Sections 72 and 74 of the Family Law Act 1975 govern spousal maintenance. Understanding the two-part test is critical to both applying and responding effectively.
The two-part test — need and capacity
Under section 72 of the Family Law Act, a party is liable to maintain their former spouse if and only if they can reasonably do so, and the other party is unable to adequately support themselves. Both limbs must be satisfied — the applicant must show genuine need, and the respondent must have the financial capacity to pay. The court does not simply accept the applicant's claim of need or the respondent's claim of limited capacity.
Factors considered in determining need
Under section 75(2) of the Family Law Act, the court considers: age and health, income, property and financial resources, ability to gain employment, whether either party has care of children under 18, the standard of living during the relationship, the duration of the marriage, and any need for training or education to become self-supporting. A carer of young children, or a party with health limitations, is more likely to establish need.
Maintenance is not automatic — you must apply
Unlike child support, spousal maintenance is not automatically calculated or imposed. You must make an application to the FCFCOA within the time limit. Many separated spouses who have a genuine entitlement to maintenance never apply — because they do not know the right exists, or because they miss the 12-month deadline. Early legal advice is the only way to protect this entitlement.
12-month time limit after divorce (2 years for de facto)
An application for spousal maintenance must be made within 12 months of a divorce order becoming final (one month and one day after pronouncement). For de facto couples, the limit is 2 years from the date of separation. After these dates, court leave is required — and is only granted if hardship would result from refusing the extension. Missing the deadline is a serious risk that cannot be corrected easily.
Urgent interim maintenance — available immediately
Where a party faces immediate financial difficulty after separation — particularly where the other party was the primary income earner — urgent interim maintenance orders can be sought in the FCFCOA. An urgent application can be made on short notice, and if successful, provides financial support while the full maintenance matter is being resolved. A lawyer should advise on whether the urgency threshold is met.
Maintenance can be varied when circumstances change
An existing maintenance order can be varied or discharged if there is a significant change in circumstances — including the recipient entering a new relationship or de facto relationship, either party's change in income, or the recipient achieving self-sufficiency through employment or inheritance. An application to vary must be made to the court — maintenance orders do not automatically terminate on remarriage or cohabitation unless the order specifies this.
How It Works
One request. The right family lawyer.
Describe your situation — whether you need maintenance, want to contest an application, or need to vary an existing order. A family lawyer will follow up for a free consultation.
Submit Your RequestDescribe your situation
Include whether you are applying or responding, your approximate income and living expenses, the date of separation, and whether a divorce order has been made.
Matched to a family lawyer
Your request is matched to a family lawyer experienced in spousal maintenance applications, urgent orders, and contested maintenance proceedings.
Free consultation arranged
A family lawyer contacts you for a free consultation — assessing whether the two-part test is met, the likelihood of success, and the best approach for your circumstances.
Common Questions
Spousal maintenance — frequently asked questions.
Am I entitled to spousal maintenance after separation?
Entitlement depends on the two-part test: whether you are unable to adequately support yourself (need), and whether your former spouse has the capacity to pay. Factors favouring a claim include: primary carer of young children, health limitations affecting earning capacity, a significant income disparity during the relationship, and the need for retraining to re-enter the workforce. A family lawyer can assess your specific circumstances.
How long does spousal maintenance last?
The duration is determined by the court based on the circumstances — ranging from a defined period to assist the applicant to become self-supporting, to an ongoing order in cases of permanent incapacity. Orders can be varied if circumstances change. Courts generally expect maintenance to be temporary and tied to a plan for the applicant's financial independence, unless there is a permanent reason they cannot support themselves.
Does spousal maintenance stop if my ex-partner remarries?
A maintenance order does not automatically terminate on the recipient's remarriage or entry into a new de facto relationship — unless the order itself specifies this. However, the paying party can apply to vary or discharge the order on the basis that circumstances have changed. Legal advice is important before stopping maintenance payments, as doing so without a court order can result in arrears and enforcement action.
What is the difference between spousal maintenance and child support?
Child support is a separate obligation — assessed by Services Australia — to support children of the relationship. Spousal maintenance is an obligation to support a former spouse or de facto partner who cannot adequately support themselves. Both can exist simultaneously, but they are calculated and applied for separately. Spousal maintenance is not taken into account in the child support formula.