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Spousal Maintenance in Australia
When a relationship ends, the financial circumstances of each person can look very different. One person may have been the primary earner, while the other may have taken on unpaid responsibilities such as caring for children or managing the household. To help protect the financially weaker party after separation or divorce, Australian family law allows for an application for spousal maintenance.
Spousal maintenance is not the same as child support. Child support is intended to cover the living expenses of children, whereas spousal maintenance provides financial assistance to a former partner who is unable to adequately support themselves after the breakdown of a marriage or de facto relationship.
The Applicant Must Be in Financial Need
The person seeking support must show that they are unable to meet their reasonable living expenses. For example, if they earn $200 per week but their basic weekly expenses are $500, there is a shortfall of $300. This shortfall may form the basis of their claim. Supporting documents, such as bank statements, payslips, and expense lists, are usually required to demonstrate the need.
The Other Party Must Have the Capacity to Pay
The other person must have enough income, after covering their own reasonable expenses, to contribute toward the applicant’s needs. For instance, if they earn $1,000 per week, have personal expenses of $500, and the applicant is seeking $300 in support, the Court may find that they are able to pay.
How to Seek Spousal Maintenance
There are three main ways to arrange spousal maintenance:
- The parties can include terms for spousal maintenance in a private agreement, which must meet formal legal requirements.
- If both parties agree on the amount and terms of support, they can jointly ask the Court to make legally binding orders.
- If no agreement is reached, the person in need can apply to the Court as part of property settlement proceedings.
Changes or Ending of Spousal Maintenance
Spousal maintenance is not always permanent. It can be reviewed, reduced, or stopped altogether if circumstances change. For example, if the applicant secures a new job or the paying party experiences a financial setback, either person may apply to the Court to vary or end the payments. Supporting documents will need to be provided to explain the change in circumstances.
Final Thoughts
Spousal maintenance is an important part of Australia’s family law system. It is designed to support a former partner who is struggling financially after separation and to promote a fair financial balance between the two parties.
Unlike child support, spousal maintenance only applies to former partners and does not cover children’s expenses. Since the process can be legally and emotionally complex, it is highly recommended to seek legal advice to make sure your rights and obligations are properly addressed.
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We take a thorough and thoughtful approach to ensure that every client clearly understands the process. Regardless of whether the situation is simple or complex, we are dedicated to providing support and helping plan for the future. Our philosophy is to offer the most cost-effective and simplified solution to what would otherwise be complex and costly challenges.
Legal advice on marriage and de facto relationships
Legal procedures for separation and divorce application
Property distribution for pre and post marriage
Property settlement and protection
Preventing the transfer of marital property and solutions
Effective Protection of Property Rights with Freezing Orders
Negotiation and resolution of spousal maintenance disputes
Arrangements for child custody and visitation rights
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