Spousal Maintenance in Australia: What You Can Claim and How It’s Decided

When a relationship ends, one person may find it difficult to support themselves — especially if they’ve been out of the workforce, caring for children, or earning significantly less.
That’s where spousal maintenance comes in.

Spousal maintenance is not automatic, but it can provide crucial financial support during or after separation.
At Wallen Family Law, we help clients across Wollongong and NSW understand their rights and negotiate fair, sustainable arrangements.

1. What Is Spousal Maintenance?

Spousal maintenance is a payment made by one partner to the other after separation to help meet reasonable living expenses.
It’s designed to ensure that both parties can maintain a fair standard of living when one person cannot adequately support themselves.

It’s completely separate from child support, which covers the costs of caring for children.

2. Who Can Apply for Spousal Maintenance?

You can apply for spousal maintenance if you:

• Are married (current or divorced), or

• Were in a de facto relationship that has broken down

To be eligible, two factors must exist:
1️⃣ One party is unable to adequately support themselves, and
2️⃣ The other party has the capacity to pay.

Common reasons someone may qualify include:

• Caring for young children or dependants

• Health issues or disability

• Long absences from the workforce

• Limited income or job opportunities after separation

3. How Is Spousal Maintenance Decided?

The Family Court (or Federal Circuit and Family Court of Australia) considers a range of factors including:

• Each person’s income, expenses and financial resources

• Age and health of both parties

• Ability to work and earning capacity

• Care arrangements for children

• The standard of living during the relationship

The Court looks at what’s reasonable and necessary — not about creating financial equality, but preventing undue hardship.

4. Types of Spousal Maintenance

There are three main types of spousal maintenance orders:

• Urgent spousal maintenance – short-term payments made quickly in urgent circumstances (e.g. where one party has no income).

• Interim maintenance – temporary payments until a final property settlement or trial.

• Final maintenance – ongoing or lump-sum support agreed or ordered as part of a final settlement.

In many cases, parties can agree on maintenance through negotiation or Consent Orders, without going to court.

5. Time Limits for Making a Claim

Strict time limits apply to spousal maintenance applications:

• Married couples – within 12 months after the Divorce Order takes effect;

• De facto couples – within 2 years of separation.

You can apply outside these limits only in special circumstances but it’s always best to seek advice early.

6. How Long Does Spousal Maintenance Last?

Spousal maintenance is rarely permanent.
It’s usually intended as transitional support — giving the receiving party time to retrain, find work, or become financially independent.

Payments often end when:

• The recipient remarries or enters a new de facto relationship;

• The recipient commences employment and earns an income whereafter they can support themselves;

• Circumstances change (e.g. health, employment, or care of children).

7. Reaching an Agreement

You can formalise maintenance through either:

• Consent Orders (approved by the Court), or

• A Binding Financial Agreement (BFA)

Both options make the arrangement legally binding and enforceable.
Your lawyer can help you decide which structure best suits your circumstances and future needs.

8. Getting Legal Advice Early

Spousal maintenance can have significant financial consequences — for both the payer and the recipient.
Getting advice early ensures you understand:

• Whether you’re eligible to receive (or likely to pay) maintenance

• What level of support may be reasonable

• How to negotiate fair terms as part of your overall settlement

At Wallen Family Law, our goal is to reach outcomes that are balanced, practical, and sustainable for both parties — while keeping conflict low and clarity high.

Wallen Family Law — Family Law, Made Clear.

If you’re unsure about your entitlement to spousal maintenance — or whether you may be required to pay it — we can guide you through your options.
📍 Based in Wollongong, assisting clients across NSW.
💬 Book your free 15-minute consultation today to get advice tailored to your situation.

Disclaimer: This article provides general information only and should not be relied upon as legal advice. Every family law matter is unique and requires specific legal guidance. Always seek professional legal advice for your specific situation.