Spousal maintenance refers to financial support that one former partner may need to pay to the other after separation or divorce. This support is not the same as child support. Rather, it is intended to help a former spouse meet their own living needs when they cannot do so on their own.
Under spousal maintenance laws in Australia, a person can apply for this support if they do not have enough income or assets to cover basic expenses like rent, food, or transport. At the same time, the other party must have the financial ability to help amd pay spousal maintenance.
You may be eligible if:
- You were married and are now separated or divorced.
- You were in a de facto relationship that has ended.
- You are unable to support yourself due to age, health, or taking care of a child from the relationship.
This kind of support helps reduce financial stress after a breakup, especially when one person stayed home to care for children or was out of work during the relationship.
Read also:Can A Prenup Prevent Spousal Support in Australia?
How Do Australian Courts Decide If Spousal Maintenance Should Be Paid?
To decide if spousal maintenance Australia applies to your case, the court looks at two things: the need of the person asking for help and the ability to pay of the other person.
First, the person applying must show that they cannot support themselves properly. This can be due to the below reasons:
- Low income or unemployment
- Health issues
- Full-time parenting duties
Next, the court checks if the other party can afford to help the applicant financially, after meeting their own living costs. If the person asked to pay does not have extra money after their own expenses, they may not be ordered to pay anything.
Other factors the court may look at include:
- Length of the relationship
- Standard of living during the relationship
- Age and health of both people
- Work skills and ability to find a job
- Who is caring for any children
There is no fixed amount or rule. Every case is looked at closely to make a fair and reasonable decision.
Who Pays Spousal Maintenance in Australia and for How Long?
In spousal maintenance arrangements, the person who is in a stronger financial position usually pays the support. This can be either the husband, wife, or former de facto partner.
The payment can be:
- A regular amount each week or month
- A lump sum, paid once
- Payment for certain things like rent or school fees
The court decides how long the payments should continue. Sometimes, it's for a short time to help the other person get back on their feet. In other cases, it may last longer if the person cannot work due to age or health.
However, spousal maintenance Australia orders can end if:
- The person receiving it gets remarried or enters a new de facto relationship
- Their financial situation improves
- The person paying cannot afford it anymore
- The court sets a time limit and that limit has passed
Both parties should also be aware that failing to pay without a court-approved reason may lead to enforcement action.
Read also: Spousal Maintenance Australia - Complete Guide
Does Spousal Maintenance Australia Apply to De Facto Relationships Too?
Yes, spousal maintenance Australia laws apply to de facto relationships as well as marriages. If you lived with your partner for two years or more, or if you had a child together, you may be eligible for spousal maintenance.
This applies to both heterosexual and same-sex de facto couples. The Family Law Act treats eligible de facto couples the same as married couples when it comes to spousal maintenance.
The court still checks the same things:
- Is one person in financial need?
- Can the other person afford to pay?
- How long did the relationship last?
- What was each person's role in the relationship?
If you were in a de facto relationship and it has ended, you usually have two years from the separation date to apply for maintenance. After this time, you may need special permission from the court.
Read also: 5 Key Disadvantages of De Facto Relationships
Can Spousal Maintenance Orders Be Changed or Cancelled in Australia?
Yes, spousal maintenance orders can be changed or cancelled if there has been a major change in either person's circumstances. This could happen if:
- The person receiving payments gets a job or earns more income
- The person paying loses their job or faces financial hardship
- The care arrangements for children change
- One of the parties becomes sick or disabled
If either person believes the current order is no longer fair, they can ask the court to review and possibly change it. This is called a variation.
You cannot simply stop paying without the court's permission. You must always apply for a formal change so that your legal obligations are clear.
Moving Forward with Confidence
Understanding how spousal maintenance works can make a difficult time feel a bit more manageable. Whether you are applying for help or being asked to pay, it's important to know your rights and responsibilities. Every case is unique, and the court always aims to balance fairness and need.
If you are unsure about your situation, keeping records of your income, expenses, and changes in circumstances can help you stay prepared. Being open and respectful during discussions or mediation can also make the process easier for both sides.
Need Help Understanding Your Options?
Are you unsure about your rights or obligations under spousal maintenance laws? The team at Justice Family Lawyers is ready to support you with clear advice and practical solutions.
Whether you're seeking financial support or responding to a claim, we'll guide you with experience and care. Speak with one of our trusted family lawyers today and find out where you stand.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
