Spousal maintenance is financial support paid by one former partner to the other after separation. It is separate from property settlement and from child support, and is assessed on a different basis — need and capacity to pay, rather than dividing what was accumulated during the relationship.
Who is eligible
To succeed, you generally need to show that you are unable to adequately support yourself, and that your former partner has the capacity to help support you. The court weighs factors including age, health, income and earning capacity, care responsibilities for children, and the standard of living during the relationship.
Married and de facto couples
Spousal maintenance is available to both married and de facto couples under the same federal framework, though eligibility criteria for de facto relationships need to be met first.
Time limits
A strict time limit applies: twelve months after a divorce becomes final for married couples, or two years after separation for de facto couples. Missing this window can prevent a claim being made at all, so early advice matters if you think you may need to rely on spousal maintenance.
How long maintenance lasts
Spousal maintenance is not usually indefinite. It commonly continues for a defined period, or until circumstances change — such as the recipient’s financial position improving, or, in some cases, entering a new relationship — depending on how the arrangement is structured.
Frequently asked questions
How is spousal maintenance different from property settlement?
Property settlement divides what was accumulated during the relationship. Spousal maintenance is ongoing support based on one party’s need and the other’s capacity to pay.
Do I need to be divorced to claim spousal maintenance?
No, but once you are divorced, a strict twelve-month time limit applies to bringing a claim.
Does a new relationship end spousal maintenance?
It can affect an existing arrangement, depending on how it was structured, but this is not automatic in every case. We can advise on your specific arrangement.
Can de facto couples claim spousal maintenance?
Yes, subject to meeting the eligibility requirements for de facto relationships, with a two-year time limit running from separation.
How is the amount worked out?
By reference to your reasonable needs and your former partner’s capacity to pay, considering income, assets, health, age and care responsibilities.
Maintenance is usually considered together with property division rather than on its own — our family law services page sets out the usual sequence.
Contact WPI Lawyers to discuss a spousal maintenance claim, particularly if time limits may be approaching.