In this guide(12 sections)
If you stepped back from work to raise children or support your partner's career, separation can leave you lying awake wondering how you'll pay next month's rent. And if you're the one being asked to pay, you may be worried about what's fair and what you can genuinely afford. Both feelings are completely understandable. The good news: spousal maintenance isn't about punishment, blame or reward — it's a practical question of need and capacity, and most people resolve it by agreement without a hearing. Here's how it works, in plain English. If any of it feels overwhelming, you don't have to work it out alone — fill in the enquiry form and Elisa will call you back. The first 30 minutes are free.
At a glance — spousal maintenance in Australia
| What it is | Financial support paid by one former partner to the other after separation |
| The law (married) | Family Law Act 1975 (Cth), s72 |
| The law (de facto) | Family Law Act 1975 (Cth), s90SF — in WA, the Family Court Act 1997 (WA) |
| The test | Can the applicant adequately support themselves? Can the other party reasonably afford to help? |
| What the court weighs | The factors in s75(2) — age, health, income, earning capacity, care of children and more |
| Centrelink and pensions | Disregarded when the court assesses the applicant's need (s75(3)) |
| Urgent help | Urgent maintenance can be ordered before the full case is decided (s77) |
| Time limits | Generally 12 months after divorce (married); 2 years after separating (de facto) |
| Not the same as | Child support, which is assessed separately by Services Australia |
| First step recommended | A free 30-minute consultation |
What is spousal maintenance in Australia?
Spousal maintenance is financial support one former partner pays to the other when the person receiving it can't adequately support themselves, and the person paying can reasonably afford it. Under section 72 of the Family Law Act 1975 (Cth), a married person has a responsibility to support their spouse to the extent they're reasonably able, if the spouse can't support themselves adequately because they're caring for a child under 18, because of age or physical or mental incapacity for work, or for any other adequate reason. De facto partners have an equivalent right under section 90SF. It can be paid weekly or monthly, as a lump sum, or by covering particular expenses such as a mortgage.
The first 30 minutes are free, with no obligation. Book a free consultation → · or speak to Eliana, our assistant, any time on 03 4328 5084 — she'll get your matter to Elisa quickly.
Who qualifies for spousal maintenance?
Two linked questions both have to be answered "yes":
- Need — can the person asking for maintenance meet their reasonable expenses from their own income, property and earning capacity? If not, why not?
- Capacity — after meeting their own reasonable needs, can the other person afford to contribute?
Maintenance is most often ordered for:
- A parent caring full-time for young children
- Someone who left the workforce for years during a long relationship and needs time to retrain
- A person whose illness or disability limits their ability to work
It's often time-limited — for example, until the children start school or retraining is complete — rather than open-ended.
How much spousal maintenance is paid?
There's no formula, unlike child support. The court looks at the factors in section 75(2) of the Family Law Act, including each person's age and health, income, property and financial resources, earning capacity, who cares for the children, a standard of living that's reasonable in the circumstances, the length of the relationship, and how the relationship affected the applicant's earning capacity. It then weighs the gap between the applicant's reasonable needs and their own resources against what the other person can reasonably pay.
Two things often surprise people:
- Being on Centrelink doesn't stop you receiving maintenance. Under section 75(3), the court must disregard an income-tested pension, allowance or benefit when assessing the applicant's need.
- Maintenance and property settlement are linked. A larger share of the property can reduce or remove the need for ongoing maintenance, so it often makes sense to deal with both together. Our guide to how property is divided after divorce explains that side.
What if I need help urgently?
If you can't meet basic living costs right now, the court can order urgent maintenance under section 77 before the full case is heard. You need to show an immediate need, and that the other person can pay. If that's where you are, please get advice quickly — you don't have to wait. And if you're worried about your safety, call 000 in an emergency, or 1800RESPECT (1800 737 732) for confidential support.
Struggling to pay the bills right now? That's exactly what the free first call is for. Book a free 30-minute call → · or reach Eliana any time on 03 4328 5084
Is there a time limit to claim spousal maintenance?
Yes. Married people generally must apply within 12 months of their divorce taking effect, and de facto partners generally within two years of the relationship ending. After that you need the court's permission, which isn't guaranteed. There's no need to panic, but if either date is getting close, it's worth starting the conversation now.
How is spousal maintenance different from child support?
Child support is money for the children; spousal maintenance is support for a former partner. Child support is usually assessed by Services Australia using a formula based on both parents' incomes and the care arrangements. Spousal maintenance is decided by agreement or by the court. You can receive both, and they're assessed separately — see child support in Australia explained.
Can we agree on spousal maintenance without going to court?
Yes — and most people do. Spousal maintenance can be included in consent orders, which the court approves on the papers without a hearing, or in a Binding Financial Agreement. Agreeing gives you both certainty and avoids the cost and stress of a hearing. You can also agree that neither of you will claim maintenance, as part of a final settlement.
What goes wrong with spousal maintenance?
These are situations we see often — described generally, not as any particular client's matter:
The deadline that slipped by. A spouse focuses on getting through the divorce and the children's arrangements, and only later realises the 12-month time limit for maintenance has passed. Asking the court's permission is possible, but it isn't guaranteed.
The handshake arrangement. A former partner agrees informally to "help out for a while", then stops paying. Without consent orders or a binding agreement, there's nothing to enforce.
Maintenance looked at on its own. Maintenance is negotiated separately from the property settlement, and the result doesn't fit together — leaving one person with neither enough capital nor enough income.
When does spousal maintenance end?
It depends on the orders or agreement. Maintenance often ends on a set date or event, such as the youngest child starting school. It generally ends on the death of either person, and an order for a former spouse usually ends if they remarry, unless the court orders otherwise. Either person can apply to change maintenance if circumstances change significantly.
How we make it easy: (1) a free, unhurried first call · (2) an honest view of where you stand, whether you're asking or being asked · (3) your fee in writing · (4) we work towards an agreement first, and only go to court if we have to.
Frequently asked questions
Who is entitled to spousal maintenance in Australia?
A former spouse or de facto partner who can't adequately support themselves — for example because they care for young children, because of age, illness or incapacity for work, or for another adequate reason — may be entitled to maintenance if the other person can reasonably afford to pay. It's based on need and capacity, not on who was at fault.
How much spousal maintenance will I get or pay?
There's no formula. The court looks at the applicant's reasonable needs and resources, the other person's capacity to pay, and the factors in section 75(2) of the Family Law Act, such as age, health, earning capacity and care of children.
Does receiving Centrelink stop me getting spousal maintenance?
No. Under section 75(3) of the Family Law Act, the court must disregard income-tested government pensions, allowances and benefits when deciding whether the applicant needs maintenance.
Can de facto partners claim spousal maintenance?
Yes. De facto partners can claim maintenance under section 90SF of the Family Law Act, generally within two years of separating. In Western Australia, de facto maintenance is dealt with under the Family Court Act 1997 (WA).
Can I get maintenance quickly if I can't pay my bills?
Yes. The court can make an urgent maintenance order under section 77 before the full case is decided, if you show an immediate need and the other person can pay.
Is spousal maintenance taxable in Australia?
Tax treatment depends on how maintenance is paid and structured, so it's worth getting tax advice alongside legal advice before you agree to an arrangement.
Feeling unsure? That's exactly what Elisa is here for
Whether you need support or you're being asked to pay it, you deserve a calm, honest picture of where you stand. Elisa will listen, explain your options in plain language, and agree the fee in writing up front.
The first 30 minutes are free.
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Written and reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Family and property law in Melbourne since 2012.Last reviewed 6 October 2026.
This guide is general information about Australian family law, not legal advice for your specific situation. For advice on your matter, book a free 30-minute consultation.