Spousal Maintenance in Australia
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The Family Law Act 1975 imposes a duty to financially maintain a spouse or former spouse who cannot adequately support themselves — section 72. The remedy is called spousal maintenance, and the threshold is real need plus capacity to pay.
The court asks whether the applicant can meet their reasonable needs from their own income, property, or earning capacity, and whether the other party has the ability to pay (s. 75(2)). Factors include age, health, earning capacity, care of children, standard of living during the marriage, length of the marriage, and whether the marriage itself affected one party's earning power.
Maintenance can be paid as a lump sum, periodic payments, or by transfer of property (s. 77). It is not automatic — you must apply. The court can make urgent (interim) orders where a party is in immediate hardship (s. 77A).
Spousal maintenance ends when the receiving party remarries, either party dies, or the court varies or discharges the order. De facto partners can claim equivalent maintenance under Part VIIIAB.
When does it apply?
This applies when:
- A married or de facto spouse cannot adequately support themselves — for example, due to caring for young children, age, health, or having been out of the workforce during the relationship.
- The other party has the financial capacity to provide support.
- For married couples, claims should be filed within 12 months of divorce. For de facto couples, within two years of separation.
What to Do If You Need Spousal Maintenance After Separation in Australia
- Assess your financial position — prepare a detailed budget of your income, expenses, assets, and debts.
- Negotiate first — try to agree on maintenance through mediation or negotiation before going to court.
- Apply for urgent (interim) maintenance if you are in immediate financial hardship — the court can make orders quickly.
- Formalise any agreement through consent orders or a binding financial agreement to make it enforceable.
- Keep records of all income and expenses to support your application.
What should you NOT do?
- Don't assume maintenance is automatic — you must apply for it and demonstrate need.
- Don't quit your job to strengthen a claim — the court considers your earning capacity, not just your actual income.
- Don't ignore a maintenance order — failure to pay can lead to enforcement action through the Registrar of the court.
- Don't miss the time limit — 12 months after divorce for married couples, two years after separation for de facto couples.
Use the jurisdiction bar at the top of the page to pick your state — you'll see how state law differs from Australian federal law.
6 states available
Common Questions
When does spousal maintenance apply?
This applies when:A married or de facto spouse cannot adequately support themselves — for example, due to caring for young children, age, health, or having been out of the workforce during the relationship.The other party has the financial capacity to provide support.For married couples, claims should be filed within 12 months of divorce. For de facto couples, within two years of separation.
What should I do if I cannot support myself financially after my marriage ends in Australia?
Assess your financial position — prepare a detailed budget of your income, expenses, assets, and debts.Negotiate first — try to agree on maintenance through mediation or negotiation before going to court.Apply for urgent (interim) maintenance if you are in immediate financial hardship — the court can make orders quickly.Formalise any agreement through consent orders or a binding financial agreement to make it enforceable.Keep records of all income and expenses to support your application.
What mistakes should I avoid with spousal maintenance?
Don't assume maintenance is automatic — you must apply for it and demonstrate need.Don't quit your job to strengthen a claim — the court considers your earning capacity, not just your actual income.Don't ignore a maintenance order — failure to pay can lead to enforcement action through the Registrar of the court.Don't miss the time limit — 12 months after divorce for married couples, two years after separation for de facto couples.
Spousal Maintenance in other states
Same topic, different jurisdiction. Pick the one that applies to you.