What am I entitled to in a separation in Australia?
Have you recently separated from a marriage or de facto relationship? Are you wondering what your rights or entitlements may be in relation to property settlement?
Australian Family Lawyers
Spousal Maintenance
Get legal support with spousal maintenance and private financial agreements after separation.
Book a consultationSpousal maintenance (referred to as alimony in other countries) is a financial support payment that one former partner may be legally required to make to the other after separation or divorce. It exists to help the financially dependent partner maintain a reasonable standard of living if they cannot adequately support themselves.
In Australia, the Federal Circuit and Family Court of Australia oversees spousal maintenance matters. The Court may order maintenance where one party is unable to meet their living expenses and the other has the capacity to contribute. While it’s separate from child support, spousal maintenance can be applied for during or after proceedings involving property settlement, divorce, or parenting matters.
At Australian Family Lawyers, we help clients Australia-wide understand their eligibility, negotiate private agreements, and include spousal maintenance as part of broader separation arrangements, or assist in applications through the Court if necessary.
Spousal maintenance in Australia
The topic of spousal maintenance in Australia often arises at separation if one party is unable to support themselves.
And whether you’re the one seeking spousal maintenance payments or the one asked to pay it, the topic is often a complex and emotional one.
When a relationship breaks down, you will need to adjust to a new way of living. As a result, this may included added pressures of living on a single income, no income or being self supporting if you are paying maintenance.
Whether you’re applying for spousal maintenance or responding to a claim, it’s natural to have questions. Some of the most common ones we hear include:
From those seeking spousal maintenance:
- How long will the spousal payments last?
- What happens if the other party stops paying?
- Am I genuinely entitled to receive financial support?
- Is this money included or in addition to my property settlement?
From those being asked to pay:
- What am I legally liable for?
- What happens if I can no longer afford to pay?
- How is the amount decided, and can it be changed later?
Our family lawyers can help you understand your rights and responsibilities and assist with private agreements or advice as part of your broader separation matters.
03 9088 3184
When does spousal maintenance apply?
Spousal maintenance may be available when one former partner cannot reasonably support themselves after separation or divorce, and the other has the financial capacity to help. This situation often arises when one party paused their career to raise children, is caring for dependents full-time, or is facing challenges returning to work due to age, health, or limited job opportunities.
There are no automatic entitlements.
Each case is assessed individually by the Federal Circuit and Family Court of Australia, which considers both the need for support and the other party’s ability to pay.
To determine whether spousal maintenance should be paid and how much, the Court looks at:
- Each party’s income, expenses, assets, and liabilities
- Age and health, especially if these impact earning capacity
- Ability to work or retrain for employment
- Whether one party has primary care of young children
- The standard of living established during the relationship
Depending on the circumstances, spousal maintenance can take different forms:
- Urgent or interim payments for immediate financial relief
- Short-term support to assist during a transitional period
- Ongoing support, in rare cases involving permanent financial hardship
- It can be periodic or paid in a lump sum
Importantly, spousal maintenance is not intended to equalise incomes. Instead, it’s about achieving a fair outcome that reflects the realities of financial dependence and supports reasonable needs. Whether you’re seeking support or responding to a claim, it’s important to understand your rights and responsibilities early, especially if maintenance may be part of a broader family law settlement involving property and/or children.
Read our simple guide on the fundamentals of spousal maintenance here.
How spousal maintenance can be arranged through the Court or a private agreement
Applying through the Court
Spousal maintenance may be sought by lodging an application with the Court, either on its own or as part of proceedings involving divorce, property division, or parenting matters. To support your application, you’ll need to provide a detailed picture of your financial position, including income, living expenses, assets, liabilities, and any responsibilities for children or dependents.
There are strict timeframes to keep in mind:
- For married couples, the application must be made within 12 months of divorce
- For de facto couples, the window is within two years of separation
Given the formal process and evidentiary requirements, legal guidance is critical, particularly if spousal maintenance is one of several issues you’re trying to resolve, and it will impact on your property settlement.
Agreeing privately on maintenance
Not all spousal maintenance arrangements need to involve the courts. You and your former partner may choose to set your own terms and formalise them through a Binding Financial Agreement or Consent Orders, which make the agreement legally enforceable.
These private arrangements can offer greater flexibility, covering:
- How much support is paid, and how often
- Whether it’s short-term assistance or longer-term help
- What circumstances may trigger a review or end the arrangement
- How the agreement fits in with other family law matters, such as property division or parenting schedules
At Australian Family Lawyers, we regularly assist clients in shaping these agreements with clarity and fairness, helping them move forward with confidence in their financial future and supporting the well-being of the entire family.
How Australian Family Lawyers can help
At Australian Family Lawyers, our family lawyers understand that spousal maintenance is rarely an isolated matter. It often comes up during separation when emotions are high and financial arrangements are unclear. We provide clear, strategic support as it usually forms part of a broader legal matter, such as property settlement, divorce, or parenting arrangements.
We can advise you on whether you may be entitled to receive support or expected to pay it, and help you understand how spousal maintenance fits within your overall separation strategy. If you and your former partner are negotiating a private agreement, we can assist in drafting or reviewing Binding Financial Agreements or Consent Orders to ensure they’re legally binding and reflect your intentions.
If you’ve received a claim for spousal maintenance, we can also help you respond, reviewing financial information, protecting your interests, and helping you navigate what is and isn’t reasonable in your situation. Our goal is to ensure you’re informed, supported, and set up with a fair and secure financial path forward.
Whether you’re navigating separation, responding to a claim, or considering a private agreement, our experienced family lawyers are here to help.
Book a confidential consultation today and take the next step with confidence.
03 9088 3184
Relevant Free Resources
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Related spousal maintenance FAQs
You are eligible to apply for maintenance at any time after you have separated from your partner. If you were married you must make any application for spousal maintenance within 12 months of your divorce being finalised; de facto partners have two years from the breakdown of their relationship to apply.
The court will consider a number of factors including:
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your age, health, income, and ability to work;
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your financial resources and what is a suitable standard of living, and
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if the marriage/partnership has affected your ability to earn an income.
Every case is different and it is important to seek legal advice if you are going through the process of seeking maintenance, or if a relationship is ending and you think you may be required to make spousal maintenance payments.
You will receive maintenance payments if you are unable to support yourself following the breakdown of a marriage or de facto partnership. Similarly, if your financial situation changes your right to payments may end. Your right to regular payments of maintenance will usually end in various circumstances including if:
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You remarry or enter a new de facto relationship where your financial situation improves;
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You no longer have to care for children in the same capacity; or
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If your ability to earn a wage improves.
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On payment of the sum to be paid or the period of time in which the payments were to be paid.
No you do not but the amount of the settlement is considered.
In some instances applications can be made but like any court application there are risks and benefits in doing so.
About Australian Family Lawyers
Our team of dedicated spousal maintenance lawyers represent you and fight for your rights seeking the appropriate outcome following a divorce or separation. Let us represent you in your matter and put yourself in supportive and experienced hands.
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