Can I Get Spousal Maintenance in Australia: 9-Point Comprehensive Guide

Can I Get Spousal Maintenance in Australia

If you are wondering, “Can I get spousal maintenance in Australia?”, the answer depends on your circumstances. You may be eligible if you cannot adequately support yourself after separation or divorce, and your former partner has the capacity to provide financial support. Spousal maintenance is designed to help balance financial needs after a relationship ends, particularly when one partner faces disadvantages such as caring for children, health issues, or a lower earning capacity.

What is Spousal Maintenance?

Spousal maintenance is financial support paid by one former partner to the other after a marriage or de facto relationship ends. It is separate from child support, which only covers children’s needs. Instead, spousal maintenance focuses on supporting you if you are unable to meet your own reasonable living expenses.

The court assesses spousal maintenance based on fairness. It is not automatic—you need to demonstrate both your financial need and your former partner’s ability to pay. Payments may be periodic (e.g., weekly or monthly) or lump sum, depending on your situation and what the court considers appropriate.

Key takeaway: Spousal maintenance is separate from child support and exists to help you cover your reasonable needs when you cannot support yourself after separation.

Who Can Apply for Spousal Maintenance?

You can apply for spousal maintenance if:

• You were married and have now separated or divorced.
• You were in a de facto relationship (including same-sex relationships) that has broken down.

To be eligible, you need to show that you cannot adequately support yourself due to factors such as:

• Caring for a child under 18 years old.
• Age, health issues, or a disability that limits your ability to work.
• Lack of access to employment opportunities because of your role in the relationship.
• Insufficient income, even if you are working.

Importantly, your former partner must also have the financial capacity to provide support. If they cannot afford it, a spousal maintenance order may not be made, even if you meet the other criteria.

Key takeaway: You may be eligible for spousal maintenance if you cannot support yourself adequately and your former partner has the ability to contribute.

How Does the Court Decide on Spousal Maintenance?

When determining whether you should receive spousal maintenance, the court considers:

• Your financial needs: Current income, assets, debts, and living expenses.
• Your ability to earn: Whether you can reasonably work or retrain to earn more income.
• Your partner’s ability to pay: Their income, assets, and obligations.
• Other factors: Age, health, and the length of your relationship.

The court does not aim to equalise incomes but to ensure that financial hardship is reduced where one partner is at a significant disadvantage.

Key takeaway: Courts look at both your financial needs and your former partner’s capacity to pay when deciding on spousal maintenance.

Types of Spousal Maintenance

There are different forms of spousal maintenance you may receive depending on your situation:

• Urgent spousal maintenance: Short-term payments when you need immediate financial support, usually decided quickly.
• Interim spousal maintenance: Temporary payments made until the court finalises your matter.
• Final spousal maintenance: A longer-term arrangement that is part of a final property or financial settlement.

Payments may be made periodically (such as weekly or monthly instalments) or as a one-off lump sum.

Key takeaway: Spousal maintenance can be short-term, temporary, or final, depending on your financial needs and the court’s decision.

How Long Does Spousal Maintenance Last?

Spousal maintenance is usually time-limited. Courts encourage both partners to become financially independent where possible. The duration of maintenance depends on:

• Whether you need time to retrain, study, or re-enter the workforce.
• Ongoing health issues or disabilities.
• Caring responsibilities for children.
• The length of the relationship and the financial circumstances of both parties.

In many cases, spousal maintenance is intended to provide transitional support, not indefinite assistance.

Key takeaway: Spousal maintenance generally lasts until you can reasonably support yourself or your circumstances change significantly.

The Application Process for Spousal Maintenance

If you want to apply for spousal maintenance, you need to act within strict time limits:

• For married couples: Apply within 12 months of your divorce becoming final.
• For de facto couples: Apply within 2 years of separation.

The process usually involves:

1. Filing an application with the Federal Circuit and Family Court of Australia.
2. Providing financial documents, including income, expenses, assets, and liabilities.
3. Attending hearings, where the court will consider evidence from both sides.
4. Receiving an order, which sets out whether you will receive maintenance and on what terms.

You may also reach a private agreement with your former partner without going to court, which can then be formalised in a binding financial agreement or consent orders.

Key takeaway: You need to apply within the time limits, provide detailed financial evidence, and either negotiate with your ex-partner or have the court decide.

What Happens if Circumstances Change?

Spousal maintenance is not set in stone. If your circumstances or your former partner’s change, you can ask the court to vary or end the order. Examples include:

• You are gaining employment and becoming self-supporting.
• Your ex-partner is losing their income or is unable to continue payments.
• A change in health status that affects your ability to work.
• You are entering into a new relationship, which may end your entitlement.

Key takeaway: Spousal maintenance can be varied or ended if your financial circumstances change over time.

What is the Difference Between Spousal Maintenance and Property Settlement?

It is easy to confuse spousal maintenance with property settlement, but they are separate matters.

• Property settlement: The division of assets and liabilities between you and your former partner after separation.
• Spousal maintenance: Ongoing financial support provided by one partner to the other.

You can apply for both at the same time, and often the court considers them together.

Key takeaway: Property settlement divides assets, while spousal maintenance provides ongoing support after separation.

Key Considerations Before Applying

Before you apply for spousal maintenance, consider:

• Whether you can demonstrate your financial need clearly.
• The costs of going to court are compared to negotiating privately.
• Your prospects of becoming financially independent in the future.
• Whether you can reach an agreement with your former partner to reduce conflict.

Legal advice can help you understand your entitlements and present your case effectively.

Key takeaway: Think carefully about your financial needs, potential outcomes, and whether negotiation may be better than litigation.

So, can you get spousal maintenance in Australia? The answer is yes—if you cannot support yourself adequately and your former partner has the capacity to pay. Whether you apply through the court or reach an agreement outside of it, spousal maintenance is there to provide financial balance after separation.

Understanding the eligibility criteria, types of maintenance, and application process will help you prepare and make informed decisions about your future.