Spousal maintenance
Spousal maintenance (support) is when one person pays to help financially support their husband or wife (or their former husband or wife) because they are unable to adequately support themselves.
Under the Family Law Act, a person has a responsibility to financially assist their spouse, that is their husband or wife, if that person cannot meet their own reasonable expenses from their own income or assets. Where the need exists, both spouses have an equal duty to support and maintain each other as far as they can. This obligation can continue even after separation and divorce. The extent of the support depends on what the other spouse can afford to pay.
What does a court consider?
Spousal maintenance is not automatic. In deciding a maintenance application, a court considers the needs of an applicant and the respondent's capacity to pay. A court considers the following about both of you:
- your age and health
- your income, property, and financial resources
- your ability to work
- what is a suitable standard of living,
- if the marriage has affected your ability to earn an income.
A court also takes into account with whom the children (under 18 years of age or adult children who are disabled) live.
What about de facto partners?
De facto partners cannot apply for spousal maintenance under the Family Law Act. Laws relating to de facto couples vary between states, and you should seek legal advice.
Also, if you live in Western Australia the law may be different. For more information visit the Family Court of Western Australia's website located under website links.
What if you start a new relationship?
You are not entitled to spouse maintenance if you remarry and if you start a new de facto relationship the court will have regard to the financial relationship between you and your de facto when considering whether you are able to support yourself adequately.
Is there a time limit for applications for spousal maintenance?
Applications for spousal maintenance must be made within 12 months of your divorce becoming final. If you do not apply within this time, you will need special permission of a court. This is not always granted.
How do you apply for maintenance / respond to an application?
View the information in the section titled 'If you don’t agree about property and money matters - how do you apply'. The Family Court has a brochure 'Maintenance applications' available at the Publications section of this website.