After separation, one party may be obliged to support the other financially where there is a demonstrated need and a capacity to pay.
Spousal maintenance matters often need urgent and strategic advice, particularly where there is a significant income gap or concern about financial security after separation.
We act for clients both seeking and responding to maintenance applications, always focused on fair and sustainable outcomes. Where needed we pursue interim (urgent) maintenance to cover living costs while the wider matter is resolved.
How we can help
- Interim and urgent maintenance applications
- Responding to a maintenance claim
- Lump sum and periodic maintenance
- Maintenance within a property settlement
- Varying or ending existing orders
How the process works
- 1
Assess need
We look at your reasonable living expenses and whether you can meet them from your own income and assets.
- 2
Assess capacity
We look at whether the other party can reasonably pay after meeting their own needs.
- 3
Negotiate
Many maintenance claims are resolved by agreement, often alongside the property settlement.
- 4
Apply to Court
If needed, we bring or defend an application, including an urgent interim hearing.
Common questions
Who can claim spousal maintenance?
A married or eligible de facto partner who cannot adequately support themselves can apply, where the other party has the capacity to pay.
Is there a time limit?
Yes. The same time limits as property settlements generally apply: 12 months from divorce for married couples, and two years from separation for de facto couples.
Is spousal maintenance the same as child support?
No. Child support is for the children and is usually assessed by Services Australia. Spousal maintenance is support for a former partner, decided under the Family Law Act.
This page is general information only and is not legal advice. Contact us for advice on your circumstances.