If you’ve separated or divorced and can’t support yourself, you may be able to ask for spousal maintenance under Australian family law.
Spousal maintenance is when one former partner provides financial help to the other if they cannot meet their reasonable living needs.
This support is not automatic, and not everyone will qualify. Whether you’re married or in a de facto relationship, the court will look at several things before making a decision.
Let’s break down the key facts about spousal maintenance and how to apply for it in Australia.
Who Is Eligible To Apply For Spousal Maintenance Under Australian Family Law?
You may be eligible to apply for spousal maintenance if:
- You were legally married or in a de facto relationship
- You are now separated or divorced
- You cannot reasonably support yourself
- The other person has the financial ability to help you
This type of financial support is not just for one gender. Either party may apply, as long as they meet the conditions.
Common reasons a person might need help include caring for young children, poor health, limited income, or no recent work experience.
To be eligible, you do not have to be receiving Centrelink or be unemployed. Even part-time income might not be enough if your expenses are too high.
If your former partner can reasonably afford to support you, a court may consider granting spousal maintenance.
What Factors Do Courts Consider When Deciding Spousal Maintenance Applications?
Courts don’t just look at whether one person is struggling. They also ask:
- Does the other person have the capacity to pay?
- How long was the relationship?
- Are there children involved, and who is caring for them?
- What are each person’s age, health, and ability to earn an income?
- What are the current incomes, assets, and expenses of both parties?
The goal of spousal maintenance is to provide fair support, not to punish or reward anyone. It is meant to help someone get back on their feet after separation.
If a person has given up work to raise children, has a medical issue, or has been financially dependent, the court may see that as a strong reason to consider support.
It’s also important to know that spousal maintenance is often short-term. It may last until the person can improve their income or adjust to new circumstances.
Read Also: How to Financially Separate From a Spouse Legally in Australia
How Do You Apply For Spousal Maintenance In Australia And What’s Involved?
If you and your former partner agree, you can make a private arrangement. You can even write it into a Binding Financial Agreement or apply for Consent Orders with the court.
This avoids the need for a court hearing.
If you can’t agree, you may need to apply to the Federal Circuit and Family Court of Australia. The process usually involves:
- Filling out a financial statement that shows your income, expenses, and debts
- Providing evidence of your need for help
- Showing that the other person can afford to pay
You’ll also need to serve the court documents on your former partner and possibly attend mediation or a court hearing.
There are time limits. You must apply within 12 months of a divorce or within 2 years of a de facto relationship ending. You can still apply after this, but you’ll need permission from the court.
Read Also: Australian Law Divorce FAQs: Wife Cheated, What Are My Rights?
Is Spousal Maintenance Automatically Granted After Separation Or Divorce?
No, spousal maintenance is not automatic. You must apply and prove your case. The court won’t award it just because a relationship has ended. You have to show why you need the help and why the other person should provide it.
In many cases, people separate and manage their own finances without needing ongoing support. But if there is a clear difference in financial power and one person is struggling, the court may step in.
Each situation is different. Even if someone thinks they deserve support, the court may not agree if the other party can’t afford to help or if the need doesn’t meet legal requirements under the Family Law Act.
Can Spousal Maintenance Be Changed Or Stopped After It’s Been Ordered?
Yes, spousal maintenance orders can be changed if circumstances change. For example:
- The person receiving support gets a better job
- The person paying loses their job or has more expenses
- The person receiving support remarries or enters into a new de facto relationship
In these situations, you can ask the court to review or end the spousal maintenance order.
It’s also possible for the parties to agree to end or reduce payments without going back to court.
If they do, it’s wise to record that agreement in writing and file it with the court, especially if it was part of previous court orders.
When Your Next Step Needs Clarity
Getting help through spousal maintenance can make a real difference when you’re trying to rebuild after separation. But the process involves rules, timelines, and careful review of finances.
Whether you’re unsure about your eligibility or want to understand your options, it’s smart to get professional guidance before taking action.
Looking For Help With Spousal Maintenance In Ipswich?
Have questions about your right to spousal maintenance or whether you need to apply through the court? Speak with Ipswich Family Lawyers for clear, practical support tailored to your situation.
Our experienced lawyers can guide you through eligibility, applications, and next steps with professionalism and care.
Book a confidential consultation today to understand your options and make informed decisions that support your future.
