Spousal maintenance is not automatic in Australia, but it is real, and both former spouses and former de facto partners can be ordered to pay it. The test has two limbs: one party cannot adequately support themselves, and the other has the capacity to help after meeting their own reasonable needs. If both are satisfied, maintenance can be ordered, separate from child support and separate from the property split.
When it typically arises
The classic case is a long relationship where one partner sacrificed their career for the family and cannot immediately return to adequate earnings, particularly with young children in their care, health issues, or age working against retraining. Maintenance is usually a bridge, not a pension: periodic payments for a defined time while the receiving party re-establishes themselves, or occasionally a lump sum folded into the property settlement.
What the court looks at
Age and health, income and earning capacity, care of children, a reasonable standard of living, and the effect of the relationship on earning ability. Since June 2025, the court must also consider the effect of family violence on a party’s current and future circumstances, which can be directly relevant to both need and capacity. Urgent maintenance can be ordered quickly where someone is left without means, without waiting for the full analysis.
Time limits and finality
Applications must generally be made within 12 months of a divorce becoming final, or two years of a de facto separation, the same clocks that apply to property claims. Maintenance obligations typically end if the recipient remarries, and orders can be varied when circumstances genuinely change. A well-constructed property settlement often deals with maintenance once and for all, which is usually cleaner for everyone.
Frequently asked questions
How much spousal maintenance would I get or pay?
There is no formula, unlike child support. It turns on the gap between the applicant’s reasonable needs and income, and the respondent’s capacity after their own needs. Realistic numbers come from the actual budgets, which is consultation territory.
Is spousal maintenance common?
Less common than property division, because most cases resolve need through the property split itself. But in the right circumstances, particularly after long relationships with big earning disparities, it is a significant entitlement that should not be waived unthinkingly.
Can we just agree there will be no maintenance?
Yes, through consent orders or a binding financial agreement with the required formalities. An informal promise not to claim is not binding.
Left without support, or facing a claim?
Urgent maintenance applications can move quickly, and so can the time limits. A 90-minute consultation establishes whether maintenance is realistically in play for your situation. Use the enquiry form just below, or call (02) 4210 9288. Garrison Lawyers acts for clients across Wollongong, Shellharbour, Kiama, the Illawarra and the Shoalhaven.
Or start your enquiry right now
Prefer to skip the phone call? Tell us briefly what is happening and when suits you, and we will come back to you within one business day to confirm a time.
This article is general information only, current at the date of publication. It is not legal advice and does not take your circumstances into account. For advice about your situation, speak with a family lawyer.