Let’s find you top rated family lawyers in

  • Read thousands of verified recommendations from actual clients
  • See each lawyer's specialisation to find the right one for you

Got a legal question about spousal maintenance in Australia?

Spousal maintenance is financial support paid by one spouse to the other after separation or divorce when the receiving party cannot adequately support themselves. It is separate from child support and is governed by the Family Law Act 1975 (Cth). A person may be eligible if they cannot meet reasonable living expenses due to age, health, caring responsibilities, or limited earning capacity, and the other spouse has the capacity to pay. Orders can be made by agreement (Consent Orders) or through the Family Court.

Key Benefits of Spousal Maintenance

Spousal maintenance provides financial security to a dependent spouse and helps cover living expenses after separation. It recognises non-financial contributions like childcare and supports spouses while they retrain, find work, or transition to independence. Once formalised in court orders, spousal maintenance becomes legally enforceable and provides ongoing protection.


How LawConnect Can Help

LawConnect's AI legal assistant can explain who may qualify for spousal maintenance, how amounts are calculated, and what factors the court considers. You can ask about application deadlines, variations, or what happens if your ex refuses to pay.

If you need professional support, we can also connect you with Australian family lawyers. They can assess your eligibility, negotiate settlements, and represent you in court if necessary. By combining instant AI answers with access to qualified lawyers, LawConnect makes it easier to understand and navigate spousal maintenance obligations.

Common Scenarios

• You want to know if you qualify for spousal maintenance after separation • You're unsure how much you might need to pay or receive • Your ex-partner stopped paying and you want to enforce the order • You're worried your new partner's income will be considered • You need to vary an existing order due to changed circumstances

Frequently asked questions

Yes. Spousal maintenance is recognised under the Family Law Act 1975 (Cth). It requires proof that one spouse cannot adequately support themselves and that the other has capacity to pay. Orders can be made by consent or by the court.

Find trusted lawyers