Spousal maintenance is one of the least understood parts of family law, and one of the most anxiety-inducing — on both sides. It is not about punishing anyone or rewarding a longer marriage. It is a needs-and-capacity question: can one person reasonably support themselves, and can the other afford to help while they get back on their feet? I will tell you honestly where you stand, whether you are the person who may need support or the one being asked to pay it.
What spousal maintenance is — and what it isn't
Spousal maintenance is financial support paid by one former partner to the other after separation, under the Family Law Act 1975 (Cth) — sections 72 and 74 for married couples, and section 90SE for de facto couples. It is separate from both the property settlement (dividing what you own) and child support (which is for the children). It exists for one reason: where one party cannot adequately support themselves and the other has the capacity to help.
It is not automatic, and it is not a reward for the length of the relationship. Many separations involve no spousal maintenance at all because both parties can support themselves once property is divided.
How need and capacity are assessed
The Court asks two linked questions: does the applicant have a genuine need they cannot meet from their own income and reasonable resources, and does the other party have the capacity to pay after meeting their own reasonable needs? In weighing this it considers the factors in section 75(2) of the Family Law Act 1975 (Cth) — age and health, income and earning capacity, the care of children, the standard of living during the relationship, and more.
A common scenario is a parent who stepped back from work to raise children and needs a period of support to retrain or re-establish an income. The assessment is practical and evidence-based, and I help you put the right financial picture in front of the other side or the Court.
Urgent and interim maintenance
Where someone is left unable to meet immediate living costs right after separation, the Court can make an urgent or interim spousal maintenance order before the final property settlement is sorted out. These applications move quickly and are about meeting real, immediate need rather than resolving everything at once.
Time limits matter: applications generally must be brought within 12 months of a divorce order, or within two years of separation for de facto couples. Outside those windows you need the Court's permission, which is not guaranteed — so if maintenance is a live issue, do not sit on it.
How I handle a spousal maintenance matter
- 1Free initial consultation and an honest read on whether maintenance applies
- 2Assessment of need and the other party's capacity to pay
- 3Where urgent, a prompt interim maintenance application
- 4Negotiation of maintenance as part of the overall settlement where possible
- 5Clear advice on the time limits that apply to your situation
Frequently asked questions
What is spousal maintenance in Australia?
Spousal maintenance in Australia is financial support paid by one former partner to the other after separation under the Family Law Act 1975 (Cth). It applies where one person cannot adequately support themselves and the other has the capacity to help. It is separate from the property settlement and from child support, and it is not automatic.
Who has to pay spousal maintenance?
Under the Family Law Act 1975 (Cth), a former partner may be required to pay spousal maintenance where the other party cannot reasonably meet their own needs and the paying party has the capacity to help after meeting their own reasonable expenses. It depends on need and capacity — not on who ended the relationship or how long it lasted.
Is there a time limit to apply for spousal maintenance?
Yes. In Australia, an application for spousal maintenance generally must be made within 12 months of a divorce order, or within two years of separation for de facto couples. After those periods you need the Court's permission to apply out of time, which is not guaranteed, so it is important not to delay.
How is spousal maintenance different from child support?
Spousal maintenance supports a former partner who cannot adequately support themselves, while child support is money for the costs of raising the children, assessed by Services Australia under a formula. They are separate entitlements under different parts of the law, and a separation can involve one, both or neither.
Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Last reviewed 2026-06-21.
This page is general legal information about spousal maintenance in Victoria, Australia. It is not legal advice for your specific situation. For advice on your matter, book a free initial consultation.