Property · Maintenance
What is spousal maintenance?
Spousal maintenance is money one party may be required to pay so the other can support themselves after a marriage or eligible de facto relationship ends. It is need-and-capacity based. It is not child support and not a punishment.
Need + capacity
Both sides of the test matter
Not automatic
Many people receive none
Not child support
Children are a different scheme
Time limits
Often tied to divorce or relationship end
The two-sided test (plain English)
The applicant must show they cannot adequately support themselves — for reasons the Act recognises, such as care of a child, age or health, or other circumstances. The other person must be reasonably able to pay. Both sides matter. A high need against a person with no surplus capacity is not an order waiting to happen.
“Adequately” is not a luxury magazine. It is also not “whatever I used to spend while we were together.” The court looks at a reasonable standard in the circumstances, and at what each person can actually do. New partners, overtime, and a business that looks profitable on Instagram are facts for evidence, not for slogans.
Interim versus final
People sometimes seek urgent or interim maintenance while a property settlement is unfinished — for example to keep housing stable. Final maintenance, if any, is often considered in light of the property outcome. None of that is a template.
A binding financial agreement can deal with maintenance if it is drafted to do so. That is specialist work. So is a consent-order minute that tries to finalise both property and maintenance in one document. Do not copy a clause from a stranger’s file.
Time limits
Married parties generally have 12 months after a divorce becomes final. De facto parties generally have 24 months from the end of the relationship. Leave can be sought in some cases. Leave is not a strategy. If you are close to a date, treat it as urgent advice, not as a reminder app you will open later.
What maintenance is not
- It is not a punishment for leaving.
- It is not child support.
- It is not guaranteed because the other person earns more.
- It is not a substitute for a property adjustment that should have happened.
How people actually ask for it
Maintenance can be sought on an urgent or interim basis, as part of a broader property case, or sometimes as a stand-alone application. The paperwork lives on the court site. This page will not invent a form name or a fee. If you cannot pay rent this fortnight, that is a facts-and-evidence problem for a lawyer or Legal Aid — not a sentence you copy from a blog into an affidavit.
Disclosure still matters. A maintenance argument built on hidden overtime or an undeclared side business is a fragile argument. So is a refusal to look for work that a court later finds was available. None of that is this site diagnosing your household. It is a reminder that maintenance is evidence, not a vibe.
De facto maintenance
Eligible de facto partners can have maintenance questions in family court, subject to the usual gateways and geography rules. Western Australia has important local differences. If you lived in WA, use the Family Court of WA and a WA lawyer — do not assume an east-coast blog applies.
This page summarises publicly available Australian family-law concepts under the Family Law Act 1975 (Cth) and related court and agency materials. It is educational only. Confirm current forms, fees, time limits and practice directions with the Federal Circuit and Family Court of Australia (or the Family Court of Western Australia), Services Australia, Legal Aid and a qualified lawyer. We do not host official court forms.
This website publishes general information about Australian family law. It is not legal advice, is not a substitute for advice from a qualified lawyer, and does not create a solicitor–client relationship. Family law is fact-specific. Statutes, court rules and agency processes change. Confirm current requirements with official sources and obtain personalised advice before you act.
Questions people ask
What is spousal maintenance?+
It is financial support paid by one party to the other if the applicant cannot adequately support themselves and the other person is reasonably able to pay. Courts look at needs and capacity, not at who ended the relationship.
Is maintenance automatic after divorce?+
No. Many people receive none. A property settlement can also affect whether ongoing maintenance is appropriate. Time limits apply — generally 12 months after divorce becomes final for married parties, and 24 months after a de facto relationship ends.
Is it the same as child support?+
No. Child support is for children and is usually assessed by Services Australia. Maintenance is for an adult former partner. Paying one does not automatically satisfy the other.
Need personalised advice?
This site can explain the map. A qualified Australian family lawyer can apply it to your facts. If you are in danger, call 000 or 1800RESPECT on 1800 737 732.