In Australia, when a couple separates or divorces, one partner may need financial support from the other to meet their basic living expenses. This is where spousal maintenance orders come into play. These orders can be interim (temporary) or final and are designed to help one party get back on their feet after separation.
What Is Spousal Maintenance?
Spousal maintenance is a payment made by one former partner to another after separation or divorce. It applies to both married and de facto couples, including same-sex relationships. It’s not automatic—the person requesting support must show that:
They cannot reasonably support themselves, and
The other party has the capacity to pay.
Interim vs Final Spousal Maintenance
An interim spousal maintenance order is a short-term arrangement. It helps the receiving party manage urgent living expenses (like rent or groceries) while the court process is ongoing.
A final order may provide maintenance for a defined period or on terms determined by the court. Maintenance is distinct from property settlement, although the court can consider the two issues together.
Illustrative example
After separating from her partner, Linda, who had been a stay-at-home mum for 10 years, applied for interim spousal maintenance. She needed help paying for rent and utilities while she looked for work. The court granted her interim maintenance for six months, giving her time to become financially independent.
Who Can Apply?
You can apply for spousal maintenance if:
You were married and apply within 12 months of divorce.
You were in a de facto relationship and apply within 2 years of separation.
You must also show why you can’t support yourself—for example, due to age, caring for children, health issues, or lack of job experience.
These are the usual filing deadlines. Applications after the time limit may require the court’s permission, which is not guaranteed. A person does not have to wait for divorce to become final before seeking maintenance.
How to Apply for a Spousal Maintenance Order
- Follow financial pre-action procedures: Before filing, parties are generally expected to attempt dispute resolution and exchange relevant financial information unless an exemption applies, such as urgency or safety concerns. A section 60I Family Dispute Resolution certificate is a parenting-proceedings requirement, not a blanket requirement for a maintenance-only application.
File an Application: Submit an Initiating Application with the Federal Circuit and Family Court of Australia.
Provide a Financial Statement: Include details about income, expenses, assets, and debts.
Submit an Affidavit: This sworn statement should explain your need for maintenance and the other party’s ability to pay.
Serve the Other Party: They have a chance to respond and provide their own financial documents.
The court will then schedule a hearing and decide whether to grant the order.
What the Court Considers
Your financial needs and living expenses
Your capacity to earn
The paying party’s financial ability
Contributions made during the relationship
The standard of living during the relationship
Do You Need a Lawyer?
While you can apply on your own, having a lawyer can help you:
Prepare your documents correctly
Present a clear case in court
Negotiate a settlement
You may also be eligible for Legal Aid if you can’t afford a lawyer.
When Does Spousal Maintenance End?
Spousal maintenance orders can end if:
- The recipient remarries (spousal maintenance generally ends unless the court orders otherwise); entering a de facto relationship does not automatically terminate an order, but changed circumstances may be relevant.
The receiving party becomes financially independent
The court sets a time limit (e.g., 6 months)
Circumstances change (e.g., illness, job loss)
Final Thoughts
Spousal maintenance is not about punishing one party or rewarding another. It’s about fairness and ensuring both people have a chance to move forward. If you’re struggling financially after separation, an interim spousal maintenance order could provide the temporary support you need.
Procedure and time limits checked against the Federal Circuit and Family Court of Australia’s financial and maintenance application guidance. General information only, not legal advice.