This Guide Explains What Spousal Maintenance Is And Who Is Eligible To Receive It.
Financial Security After Separation
When a relationship ends, one of the most immediate and stressful challenges can be financial instability. If you were financially dependent on your former partner during your marriage or de facto relationship, you may be worried about how you will support yourself.
This is where spousal maintenance comes in. It’s a form of financial support paid by one party to another after separation.
What is Spousal Maintenance?
Spousal maintenance is separate from both property settlement and child support. Its purpose is to help a person who is unable to adequately support themselves financially after a separation. It is not automatic and is not designed to be permanent. It can be paid as a regular weekly or monthly amount, or as a one-off lump sum.
The Two-Part Eligibility Test
To be eligible for spousal maintenance, you must pass a two-part test before the court.
Part 1: You Have a Need
Firstly, you must demonstrate that you are unable to meet your own reasonable living expenses from your personal income or assets. The court will consider your necessary weekly expenses against your ability to earn an income. A “need” can arise from various factors, including:
- Having the primary care of young children, which limits your ability to work.
- Your age or a physical or mental health condition that affects your earning capacity.
- Being unable to find suitable employment due to a lack of skills or experience.
- Having a significantly lower earning capacity than your former partner.
Part 2: Your Former Partner Has the Capacity to Pay
Secondly, you must show that your former partner has the financial capacity to contribute to your support after meeting their own reasonable living expenses and any child support obligations. The court will examine their income, assets, and overall financial situation to determine if they have a surplus ability to pay maintenance.
How is the Amount Determined?
There is no simple calculator for spousal maintenance. If the court finds that you have a need and your ex-partner has the capacity to pay, it will then decide on a fair and reasonable amount. This involves looking at a wide range of factors, including:
- The standard of living you both enjoyed during the relationship.
- Your age and health, and that of your former partner.
- Your income, property, and financial resources.
- Your ability to work and whether the relationship has impacted your earning potential.
- What is considered a suitable standard of living for you moving forward.
Time Limits are Critical
It is crucial to be aware of the strict time limits for applying for spousal maintenance.
- Married couples: You must apply within 12 months of your divorce order becoming final.
- De facto couples: You must apply within 24 months of the date of your separation.
If you miss these deadlines, you will need special permission from the court to proceed, which is not always granted.
Spousal maintenance can provide essential financial support during the transitional period after separation, allowing you to re-establish yourself financially.
Understanding your eligibility requires a careful assessment of your needs and your former partner’s capacity to pay. If you believe you are unable to support yourself, it’s vital to seek legal advice promptly to understand your rights and the strict time limits that apply.
Do you need financial support after separation?
Determining your eligibility for spousal maintenance can be complex. The team at Sheridan Legal can provide a clear assessment of your situation and guide you on your entitlements and obligations.
Call us on (02) 6562 3300 or visit our Book an Appointment page to schedule a call or meeting.
This article is part of our 4-part series on Family Law. Read our other articles here:
- What Am I Entitled To? A Clear Guide to Property Settlement in Australia
- Parenting Arrangements in Australia: A Practical Guide for Separated Parents
- How to Get a Divorce in Australia: The 2025 Step-by-Step Guide