In Australia, spousal maintenance is financial support that one partner may have to pay the other after separation or divorce.
It’s not automatic—and it’s not just about who earned more during the relationship. The court looks at need and capacity.
Let’s break down how spousal maintenance works and what to expect.
What is Spousal Maintenance?
Spousal maintenance is money paid by one party to support their former partner after a relationship ends—whether the couple was married or in a de facto relationship.
You may be entitled to spousal maintenance if:
- You can’t reasonably support yourself, and
- Your ex has the financial capacity to help.
Common reasons people can’t support themselves include:
- Caring for young children full time
- Health issues that affect ability to work
- Limited job opportunities or skills after a long relationship
Does Spousal Maintenance Apply to De Facto Couples?
Yes. Since 2009, de facto partners—including same-sex couples—can apply for spousal maintenance under the Family Law Act, just like married couples.
How Does the Court Decide?
The court considers two things:
- Do you need financial support?
You’ll need to show:- Why you can’t meet your own living expenses (e.g. medical issues, caring for children)
- What attempts you’ve made to work or find work
- Your weekly income and expenses
- Can your ex afford to pay?
The court will look at:- Their income, expenses, assets, and debts
- Whether they have the capacity to help, even temporarily
If both need and capacity are proven, the court may order:
- Ongoing payments (weekly or monthly)
- A lump-sum payment
What the Court Considers
The court also looks at:
- The standard of living during the relationship
- Your age, health, and ability to earn
- What’s “reasonable” for both of you in the circumstances
The court does not include Centrelink pensions in its calculations. This means an ex can still be ordered to pay support even if you’re getting government payments.
Proving Your Case
To apply for spousal maintenance, you’ll need:
- A detailed Financial Statement showing income and expenses
- Supporting documents (bank statements, bills, medical letters)
- Proof of your attempts to find work or retrain (if relevant)
If your ex disputes your claim, they’ll need to show:
- You don’t really need support, or
- They can’t afford to help
When Spousal Maintenance Is Denied
Spousal maintenance won’t be granted if:
- You have enough income, assets or support to cover your needs
- You haven’t tried to find work when you could
- Your ex doesn’t have the means to help
What if Things Change?
Spousal maintenance can be adjusted or ended if:
- You get a new job
- Your health improves
- You start a new relationship
- Your ex’s financial position changes
Costs and Risks
Going to court can be expensive. If you make a spousal maintenance claim without proper evidence—or resist a valid one—you could be ordered to pay the other side’s legal costs.
Always get legal advice before applying or responding to a claim.
Summary
Spousal maintenance is there to help people get back on their feet after separation. But it’s not a given—you must prove need, and your ex must have the ability to pay.
Whether you’re thinking of applying or worried you’ll have to pay, getting advice early can save time, stress, and money.