When a relationship ends, the financial reality can hit hard—especially if one partner has been out of the workforce or earning significantly less. That’s where spousal maintenance comes in.

A Spousal Maintenance Agreement is a legal arrangement where one person provides financial support to their former partner after separation or divorce.

This page explains what spousal maintenance is, who can apply, and how agreements are made—using plain English and real examples to make it easier to understand.

What Is Spousal Maintenance?

Spousal maintenance is money paid by one former partner to the other after separation. It’s different from child support—it’s not for the kids, but for the financial wellbeing of the ex-partner who can’t support themselves.

Real-life example
Lisa and John separated after 18 years of marriage. Lisa had stayed home to raise their children and hadn’t worked full-time for over a decade. John continued working as a senior accountant. After separation, Lisa couldn’t cover rent and essentials. The court ordered John to pay her weekly spousal maintenance while she retrained and found a job.

When Does Spousal Maintenance Apply?

You may be eligible if:

• You can’t support yourself adequately (e.g., due to age, illness, or parenting responsibilities), and

• Your ex-partner has the capacity to pay

This applies whether you were married or in a de facto relationship.

Tip: If you’re just separated and haven’t finalised property settlement, you can still apply for maintenance.

How Is It Agreed?

There are two main ways to set up a spousal maintenance arrangement:

1. Binding Financial Agreement (BFA)
   A private legal agreement made before, during, or after a relationship. It must be signed with legal advice from both sides to be binding.

2. Consent Orders
   You and your ex apply to the Family Court to make your agreement legally enforceable. No court hearing needed.

If you can’t agree, you can apply for a Spousal Maintenance Order through the court.

What Does the Court Consider?

If the court is deciding on maintenance, it looks at:

• Your income and expenses

• Health and ability to work

• Age and parenting duties (e.g., caring for young children)

• The other party’s financial situation

• The standard of living during the relationship

Example
After a 12-year de facto relationship, James applied for spousal maintenance. He had multiple sclerosis and couldn’t work full-time. His ex-partner, Tanya, earned $140,000/year. The court awarded James temporary monthly payments while his care plan was reviewed.

How Long Does It Last?

Spousal maintenance is often temporary. It may last:

• Until the receiving partner can become financially independent

• Until a specific event (e.g., completing studies or finding work)

• Indefinitely, in rare cases (e.g., chronic illness)

It ends automatically if the receiving partner remarries.

Can Spousal Maintenance Be Changed?

Yes. If circumstances change—like losing a job or a big change in income—either party can apply to have the agreement reviewed or ended.

Key Takeaways

• Spousal maintenance is about fairness, not punishment.

• You don’t need to be financially “destitute” to qualify—just unable to meet reasonable needs.

• Having an agreement in place helps avoid conflict later.