Spousal Maintenance

What is spousal maintenance?

Spousal maintenance is money paid by one spouse (de-facto or married) to the other in circumstances where one party is unable to support themselves adequately following a separation. The extent of support will depend on the needs of the person seeking spousal maintenance and the other person’s capacity to pay.

When can you apply?

You do not need to be divorced, and you are encouraged to seek advice in relation to your entitlements to spousal maintenance as soon as practicable following separation.

How do you apply?

In family law, it is always recommended that you attempt to reach an agreement with the other parent before commencing any legal proceedings. However, if you cannot reach an agreement with the other parent, you must first lodge an application with the Federal Circuit and Family Court seeking maintenance orders. The court will determine the level of spousal maintenance based on the financial needs of the applicant and the financial capacity of the other parent.

Spousal maintenance payments can be common for expenses such as mortgage repayments, bills, and everyday financial support following a separation. Payments can either be made directly to a party to the separation or to a third party, such as a bank (relating to mortgage repayments) or a utility provider.