Family Law
Struggling financially after separation? Spousal maintenance may be your right.
Under the Family Law Act, a spouse or de facto partner may be entitled to financial support after separation if they cannot adequately support themselves. Whether you need interim maintenance urgently or want to vary an existing order, a family lawyer can assess your eligibility and fight for a fair outcome.
⚠ Applications for spousal maintenance must generally be made within 12 months of a divorce order or 2 years of de facto separation — submit your request now.
Does This Sound Like You?
Common situations we help with.
Separated and unable to meet reasonable living expenses
Since separating, your income or savings do not cover your everyday living costs — rent, food, utilities, and basic expenses. If your former spouse or partner has a greater financial capacity, you may be entitled to spousal maintenance. A lawyer can assess your eligibility and the likely amount based on both parties' financial circumstances.
Earning significantly less than your ex-spouse who refuses to help
There is a substantial income gap between you and your former spouse or partner, and they have refused voluntary financial support. Spousal maintenance is not automatic — it requires an application and proof that you cannot adequately support yourself. A lawyer can help you build the financial evidence needed and seek an order compelling your ex to contribute.
Stay-at-home parent re-entering the workforce after a long marriage
You left paid employment — or significantly reduced your hours — during the relationship to care for children or the household. Now that the relationship has ended, your earning capacity is limited and re-entering the workforce will take time. Courts recognise this type of sacrifice and can order maintenance to bridge the gap while you rebuild your financial independence.
Maintenance order already in place but your ex is not paying
You have an existing spousal maintenance order but your former spouse or partner has stopped paying, reduced payments without court approval, or is otherwise non-compliant. Enforcement options are available including contravention applications, garnishee orders against wages or bank accounts, and — in serious cases — contempt of court proceedings.
Circumstances changed significantly and existing order needs variation
An order was made some time ago and things have changed — you have lost your job, your health has deteriorated, your former partner's income has increased substantially, or the financial need has escalated. Spousal maintenance orders can be varied when there has been a change in the circumstances of either party. A lawyer can advise on whether a variation application is likely to succeed.
Interim maintenance needed while property settlement is finalised
Property settlements often take months or years to finalise. If you cannot meet your living expenses in the meantime, you can apply for interim spousal maintenance. Courts can make urgent interim orders quickly where there is immediate financial need, allowing you to meet basic expenses while the longer-term settlement is resolved.
How It Works
One request. A family lawyer who handles spousal maintenance.
Tell us about your separation, your financial situation, and what support you need. A family lawyer will assess your eligibility for spousal maintenance and explain what an application involves — at no upfront cost.
Submit Your RequestSubmit your request
Provide your contact details, state, a brief description of your financial situation after separation, and what support you need — whether that is an initial assessment, an urgent interim application, enforcement, or a variation.
Matter assessed by a family lawyer
Your request is reviewed to identify your eligibility for spousal maintenance, the strength of your position, the likely range of maintenance, and whether urgent interim relief is appropriate in your circumstances.
Free consultation arranged
A family lawyer contacts you to discuss your situation, explain the options, and outline the steps involved in making — or defending against — a spousal maintenance application.
12 Months
Time limit to apply for spousal maintenance after a divorce order is made — missing this deadline can permanently extinguish your entitlement
All 8 States
Requests matched to specialist lawyers across every state and territory in Australia
Free
Initial consultation — understand your rights and options before committing to any action
Urgent
Interim maintenance applications can be heard quickly where there is immediate financial need — a lawyer can move fast if required
Before You Apply
Practical questions about spousal maintenance in Australia.
Who qualifies for spousal maintenance under the Family Law Act? +
Under the Family Law Act 1975, a party to a marriage or de facto relationship is entitled to maintenance from the other party if they cannot adequately support themselves and the other party has the financial capacity to pay. The inability to self-support can arise from having the care of children under 18, age, physical or mental incapacity, or any other adequate reason. The test is two-pronged: your need and the other party's capacity. Simply earning less than your former partner is not enough — you must demonstrate that you genuinely cannot meet your reasonable needs from your own resources.
What factors do courts consider when assessing the amount of maintenance? +
Under section 75(2) of the Family Law Act, courts take into account a wide range of factors including: the age and health of each party; their income, property, and financial resources; their earning capacity and employment prospects; whether one party has care of the children; the standard of living enjoyed during the marriage; the extent to which one party's earning capacity was reduced by the relationship; and the duration of the relationship. There is no formula — the amount is discretionary and reflects the specific circumstances of the parties. Courts also consider the financial capacity of the paying party and will not order maintenance that leaves them unable to meet their own needs.
How does spousal maintenance interact with child support? +
Spousal maintenance and child support are separate legal obligations assessed under different frameworks. Child support is calculated under the Child Support (Assessment) Act and is primarily about the financial needs of the children, not the receiving parent. Spousal maintenance under the Family Law Act is about the financial needs of the former spouse or de facto partner. However, the two can interact: a parent who has primary care of children may have a reduced earning capacity, which supports a spousal maintenance claim, while child support payments are taken into account when assessing the payer's financial capacity for maintenance purposes. Having both is possible but requires separate legal steps.
How do urgent and interim maintenance applications work? +
If you cannot meet your immediate living expenses following separation, you can apply to the Federal Circuit and Family Court of Australia for urgent interim maintenance. The court can make an urgent order — sometimes within days — requiring payment while the full matter is litigated or negotiated. To obtain interim maintenance, you must demonstrate immediate financial need and the other party's capacity to pay. The process typically involves filing an application with supporting financial affidavit evidence. The interim order may be varied or replaced by a final order once the full circumstances are examined. A lawyer can move quickly if your situation is urgent.
How long is spousal maintenance typically ordered for? +
There is no fixed term — the duration depends on the circumstances. Orders may be made for a defined period (for example, while the recipient retrains or re-enters the workforce), until a specific event (such as the youngest child starting school), or on an ongoing basis in cases of serious long-term incapacity. Courts generally favour orders that promote the financial self-sufficiency of the recipient over time rather than permanent dependency. In practice, many maintenance arrangements are negotiated rather than litigated, and the duration forms part of that negotiation. A lawyer can advise on what is realistic given your circumstances and the length and nature of your relationship.
When does spousal maintenance automatically end? +
Under section 82 of the Family Law Act, spousal maintenance orders automatically end upon the death of either party or the remarriage of the receiving party. Maintenance does not automatically end when the recipient begins cohabiting with a new partner, but a new de facto relationship is a significant change of circumstances that may justify a variation or discharge of the order. The payer can apply to the court to vary or terminate the order if cohabitation has improved the recipient's financial position. Orders may also end at a date or event specified in the order itself. Any disputes about whether maintenance should continue require a formal court application.
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