Swanwick Murray Roche has spousal maintenance lawyers available to assist with the complex parts of family law, especially when emotions and finances are involved.
What is spousal maintenance?
Spousal maintenance arises where a person has a responsibility to financially assist their spouse or former de facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets.
Where the need exists, both parties have an equal duty to adequately support and maintain each other as far as they can. This obligation can continue even after separation and divorce. The extent of the support depends on what the other party can afford to pay.
How can spousal maintenance lawyers assist me?
At SMR Lawyers, our experienced spousal maintenance lawyers can help you understand your rights and obligations, prepare your application, and guide you through the legal process with clarity and care.
Under the Family Law Act, a person may be required to financially support their former spouse or de facto partner if that person cannot cover their reasonable living expenses through their own income or assets. This obligation can continue after separation or divorce and applies to both parties where a need exists and the other has the capacity to help.
Spousal maintenance types
The Federal Circuit and Family Court of Australia deal with two types of spousal maintenance applications. As such, spousal maintenance payments are divided into one for former spouses and another for de facto partners.
- Spousal maintenance is financial support paid by a party to a marriage to their former husband or wife in circumstances where they are unable to adequately support themselves.
- De facto partner maintenance is financial support paid by a party to a de facto relationship that has broken down to their former de facto partner in circumstances where they are unable to adequately support themselves.
Both involve financial support when the applicant cannot adequately support themselves, often due to factors like physical or mental incapacity, caregiving responsibilities, or a disrupted work history.
In determining if you will receive or pay spousal maintenance, the Court must consider your unique situation and may issue a spousal maintenance order based on what is fair and affordable.
What makes our family lawyers different?
At SMR Lawyers, our spousal maintenance lawyers understand that family law matters are often emotionally charged and financially complex. Whether you’re dealing with spousal maintenance obligations, child support, or separation from a former de facto partner, you need clear guidance and compassionate support.
Our experienced team takes the time to understand your situation, including your goals, concerns, and financial circumstances. We are here to deliver straightforward, practical advice from day one. We’ll explain legal costs up front and keep you informed throughout.
With decades of experience, we help you navigate everything from negotiating a lump sum settlement to assessing your financial capacity or eligibility for financial support paid under the law. We don’t just draft documents; we give you a strategy, confidence, and a clear path forward.
At your first appointment, you can expect:
- A meeting with one of our spousal maintenance lawyers who has years working in family law matters.
- Honest guidance about legal costs and timelines
- A chance to explain your situation and goals
- Initial advice tailored to your circumstances and next steps
Understanding your financial rights and options
Every separation is different, and at SMR Lawyers, we understand that your individual circumstances will shape the support and advice you need. Whether you’re a de facto spouse or recently divorced, knowing your rights around financial support is essential.
Spousal maintenance is not automatically granted. It depends on factors like your financial needs, the financial situation of both parties, and whether there’s a legal obligation for support. In some cases, the court may order a lump sum payment instead of ongoing support, particularly when there’s a significant difference in income or earning capacity between you and your former partner.
You may be required to provide a detailed financial statement outlining your income, expenses, and assets. This helps assess whether a suitable standard of living can be maintained after separation, and whether one party should contribute towards the other’s mortgage payments or daily living costs.
Navigating court and alternative solutions
While it’s always best to resolve disputes outside of court, some financial relationship matters, such as spousal maintenance, can only be finalised through court proceedings. In those cases, SMR Lawyers can provide strong court representation, ensuring your interests are protected.
Spousal maintenance may be available in limited circumstances, so we recommend seeking tailored legal advice. We’re here to guide you through the process with clear information, realistic options, and experienced support every step of the way.
FAQs about spousal maintenance
What does the court consider when deciding a spousal maintenance application?
When deciding on a maintenance payment, the court examines various aspects of both parties’ situations. This includes:
- your age and health
- your ability to obtain employment, as well as your income, property, and financial resources
- your ability to work
- what is a suitable standard of living
- the effect the marriage or de facto relationship has affected your ability to earn an income
- the needs of the applicant
- the respondent’s capacity to pay
- if there are children, who the children reside with and who they receive their primary care from
- if there are adult disabled children, who those adult children reside with and who they receive their primary care from
It also considers the applicant’s needs and the other party’s capacity to pay. These factors guide the court in how to calculate spousal maintenance fairly.
Can I apply for spousal maintenance if I was in a de facto relationship?
Yes. You can apply for de facto maintenance if you can prove your relationship meets certain legal requirements. Generally, you can prove a de facto relationship existed by showing one or more of the following:
- the period (or the total of the periods) of the de facto relationship is at least 2 years
- there is a child of the de facto relationship
- either you or the former partner made substantial financial or non-financial contributions to their property or as a homemaker or parent and serious injustice to that partner would result if the order was not made
- the de facto relationship has been registered in a State or Territory with laws for the registration of relationships
A de facto relationship itself can be established by a combination of the following factors:
- the duration of their relationship
- the nature and extent of their common residence
- whether a sexual relationship exists
- the degree of financial dependence or interdependence, and any arrangements for financial support, between them
- the ownership, use and acquisition of their property
- their degree of mutual commitment to a shared life
- whether the relationship has been registered, in a State or Territory with laws for the registration of relationships
- the care and support of children, and
- the reputation and public aspects of their relationship.
Do I still receive spousal maintenance if I start a new relationship?
Your entitlement to maintenance changes if you begin a new relationship. Spousal maintenance ceases automatically if you remarry, unless the court specifically orders otherwise. If you enter a new de facto relationship, the court will assess whether your new partner contributes to your financial support.
If you are no longer unable to adequately support yourself, your previous entitlement may be reduced or terminated. These changes ensure that maintenance remains fair and based on current circumstances.
Is there a time limit for applications for spousal maintenance?
Yes, there are strict time limits.
If you were married, applications for spouse maintenance must be made within 12 months of your divorce becoming final.
If you were in a de facto relationship, your applications for de facto partner maintenance must be made within 2 years of the breakdown of your de facto relationship.
If you miss the deadline, you will need special permission from the court to proceed. These extensions are only granted in limited cases. Timely action is essential, particularly if you’re dealing with unpaid maintenance or unresolved spousal maintenance issues.
What if I need maintenance urgently?
You can apply for urgent spousal maintenance if you’re facing serious financial hardship and can’t wait for a full hearing. In these cases, the court may grant an interim order based on immediate need, without waiting for all documents or evidence. This can help cover essential costs like housing or groceries. If your situation is urgent, it’s important to act quickly and seek legal help to strengthen your application.
How is spousal maintenance different from child support?
Unlike child support, which is specifically for the care and welfare of children, spousal maintenance is intended to provide financial support paid to a separated or divorced adult partner who cannot meet their own needs. The two systems are distinct but may be considered together when determining overall obligations. The court will always look at your total financial circumstances, including any child support arrangements, when making decisions about spousal maintenance.
What if my ex doesn’t comply with the maintenance order?
If your ex partner fails to follow a spousal maintenance order, legal steps can be taken to enforce compliance. You may apply to the court to recover payments through wage deductions, seizure of assets, or other enforcement methods. Ignoring an order can lead to serious consequences. If you’re in this situation, legal assistance can help protect your rights and ensure the legal proceedings move forward quickly.
What counts as a change in circumstances?
A change in circumstances may justify modifying or ending your spousal maintenance arrangement. This can include losing a job, a change in health, or a new relationship that improves your financial capacity. Courts recognise that situations evolve, and support should be adjusted fairly over time. You can apply to vary the order if these changes impact your need for or ability to pay maintenance.
What can I do if I'm struggling financially after separation?
If you’re struggling to meet your basic needs after a separation, you may be able to make a spousal maintenance claim. The law recognises a responsibility to financially assist a partner who cannot support themselves due to limited income, illness, or other factors. SMR Lawyers can help you understand your options and build a strong case to seek the support you need.
Should I get legal help before applying?
Absolutely. Seeking legal advice early can save time, reduce stress, and improve your outcome. At SMR Lawyers, our spousal maintenance lawyers take the time to understand your full situation and explain your rights in plain terms. Whether you’re applying, responding, or unsure about your next step, our team can help you make informed decisions and resolve your financial issues with confidence.
How do I apply for spousal maintenance?
To apply for spousal maintenance, we will help you lodge an application with the Federal Circuit and Family Court of Australia. This is often handled alongside property settlement. In most cases, you’ll need to complete the court’s early dispute resolution process first.
SMR Lawyers can guide you through each step and help prepare your application. You can read more about the early dispute resolution process on this Federal Circuit and Family Court of Australia factsheet.
Resources & quick links
Explore our family law resources for helpful legal updates and property information. These are general in nature, so for advice tailored to your situation, please contact us directly.
Family law matters often involve emotional and practical challenges. You may benefit from support services such as financial counsellors or social workers. Below are some helpful links. Be sure to check their confidentiality policies or speak with us if you’re unsure.
Financial counselling & guidance links:
- ASIC Moneysmart – financial guidance in the event of divorce or separation
- ASIC Moneysmart – Divorce and Separation financial checklist
- ASIC Moneysmart – Budgetplanner
- Penda app – A free app for women experiencing financial abuse
- Family Relationships Online – Government information and advice
- Relationships Australia – Community-based, not-for-profit relationship support service
- Department of Human Services: Child support – Government support for separated parents
- Family Law Courts: Separation and Divorce
Relationship support:
Quick links for our most commonly used family services:
Parenting Law | Divorce & Separation | Divorce Property Settlements | Adoption | Adult Child Maintenance | Binding Financial Agreements | Parental Child Abduction | Superannuation Splitting | Domestic Violence Orders
