Spousal Maintenance after Separation
After a separation, one of the biggest concerns for many clients is how they will support themselves financially. In Australia, the law recognises this by allowing for spousal maintenance — financial support paid by one spouse to the other after separation or divorce.
Spousal maintenance is separate from child support and may be available to people who were married or in a de facto relationship (for relationships that ended on or after 1 March 2009).
When Can You Apply for Spousal Maintenance?
To be eligible for spousal maintenance, two conditions must be satisfied:
- The applicant cannot adequately support themselves because of:
- The need to care for a child of the marriage or relationship aged under 18 years
- Their age
- A physical or mental incapacity
- The other spouse has the capacity to pay, either from their income or other financial resources.
If both conditions are met, the court may order spousal maintenance.
Types of Spousal Maintenance Orders
Applications for spousal maintenance can be made for:
- Urgent orders – where immediate financial assistance is required
- Interim orders – short-term support while longer-term arrangements are being decided
- Final orders – long-term arrangements for ongoing support
Time Limits
Strict time limits apply:
- For married couples – applications must be filed within 12 months of the divorce being finalised.
- For de facto couples – applications must be filed within 2 years of the relationship breakdown.
Failing to act within these timeframes can seriously affect your rights, so it is essential to seek legal advice as soon as possible.
Impact of Re-Marriage or New Relationships
If you re-marry or enter into a new de facto relationship, your eligibility to receive spousal maintenance will usually end, as the law assumes financial support may be available from your new partner.
How Parke Lawyers Can Help
Our experienced family law team at Parke Lawyers can:
- Advise you on whether you may be eligible for spousal maintenance
- Help you apply to the court for urgent, interim, or final orders
- Negotiate fair agreements outside of court where possible
- Provide strong representation if your matter proceeds to court
We understand that financial concerns can add stress during separation. Our focus is on giving you clear, practical advice and helping you achieve a fair outcome so you can move forward with confidence.
