Spousal Maintenance in Australia (2026)
About this article
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
Compare by state
Statute citations are verified per state. Select a state to jump to its full section below.
| Primary statute | |
|---|---|
| New South Wales | Property (Relationships) Act 1984 (NSW) |
| Queensland | Family Law Act 1975 (Cth), Part VIII, Div 2 — spousal maintenance |
| South Australia | Family Law Act 1975 (Cth), ss 72-77 — spousal maintenance |
| Tasmania | Family Law Act 1975 (Cth), ss 72–77 — spousal maintenance |
| Victoria | Family Law Act 1975 (Cth) |
| Western Australia | Family Law Act 1975 (Cth), Part VIII, Div 2 — spousal maintenance |
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.
About Family Law in Australia
Family law in Australia is federal — the Family Law Act 1975 covers divorce, parenting, property, and spousal maintenance, all heard in the Federal Circuit and Family Court. Divorce is no-fault and needs 12 months of separation. The 2023 amendments removed the equal shared parental responsibility presumption — child safety is now the primary concern. Property splits use a four-step just-and-equitable test, not 50/50. De facto couples get equivalent rights under Part VIIIAB. Child support runs through the Child Support (Assessment) Act 1989.
Worked Examples
ScenarioYou separated 8 months ago. You stopped paid work years ago to care for the children, while your former partner kept their high-paying job.
OutcomeYou may have a strong spousal maintenance claim: your reasonable needs aren't met by your own income (need test), and your former partner appears to have capacity to contribute (capacity test). The court will look at factors like care of children, ability to retrain or return to work, and a reasonable standard of living. Acting within the time limit is essential.
Verified against the Federal Circuit and Family Court of Australia: the need + capacity-to-pay test under the Family Law Act 1975 and the post-divorce 12-month application window. Educational information, not legal advice.
Common Questions
Who can apply for spousal maintenance?
Either spouse — or a former de facto partner if you separated after 1 March 2009 (1 July 2010 in South Australia, and Western Australia for de facto). The applicant must show they can't meet their reasonable expenses from their own income and assets, and the other party has capacity to pay.
How is the amount worked out?
Unlike child support, there's no formula. The court weighs each person's reasonable needs, income, property, debts, age, health, care of children, ability to work or retrain, and a reasonable standard of living. The result can be periodic payments, a lump sum, or other arrangements.
How long do I have to apply?
After divorce, you generally have 12 months from the date the divorce order takes effect to apply for spousal maintenance. After de facto separation it's generally 2 years from the date you separated. Out-of-time applications require the court's permission and may be refused.
Can spousal maintenance be changed later?
Yes. Maintenance orders can be varied or ended if there's a significant change in circumstances — for example, the recipient remarries (which usually ends maintenance), gets a higher-paying job, or the payer's circumstances change materially. You apply to the court for a variation.
What is the spousal maintenance right in Australia?
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...
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.
State-by-state details
New South Wales
Primary statute: Property (Relationships) Act 1984 (NSW)
Spousal maintenance is governed by the Family Law Act 1975 (Cth). A party to a marriage or de facto relationship who is unable to adequately support themselves may apply for maintenance from the other party.
- The court considers the applicant's need and the respondent's capacity to pay. Factors include age, health, earning capacity, standard of living during the relationship, and care of children.
- In NSW, the high cost of living (particularly in Sydney) is a relevant factor — the court considers whether the applicant can maintain a reasonable standard of living given local costs.
- Spousal maintenance can be ordered as periodic payments (e.g., weekly or monthly), a lump sum, or as part of a property settlement. It can be varied or discharged if circumstances change.
- Urgent maintenance applications can be made where a party is in immediate financial need — for example, where they have been left without resources following separation.
- Maintenance obligations end upon the death of either party or the recipient's remarriage (but not re-partnering in a de facto relationship unless a variation is sought).
Queensland
Primary statute: Family Law Act 1975 (Cth), Part VIII, Div 2 — spousal maintenance
Spousal maintenance in Queensland is governed by the federal Family Law Act 1975 (Cth). The cost of living in different parts of Queensland is relevant to assessing maintenance needs.
- A spouse or de facto partner may apply for maintenance if they are unable to support themselves adequately and the other party has the capacity to pay. The court considers factors including age, health, earning capacity, standard of living, and care of children.
- Queensland's regional cost-of-living differences are significant — housing and living costs in Brisbane and the Gold Coast are substantially higher than in regional areas, which affects the assessment of reasonable needs.
- Maintenance can be provided as periodic payments (weekly, fortnightly, or monthly) or as a lump sum. It can also be addressed as part of the overall property settlement.
- Urgent maintenance applications can be made to the FCFCA where a spouse is in immediate financial hardship.
South Australia
Primary statute: Family Law Act 1975 (Cth), ss 72-77 — spousal maintenance
Spousal maintenance is governed by the Family Law Act 1975 (Cth). A party to a marriage or de facto relationship may apply for maintenance if they cannot adequately support themselves and the other party has the capacity to pay.
- The court considers factors including the age and health of each party, their earning capacity, the standard of living during the relationship, whether one party has caring responsibilities for children, and the duration of the relationship.
- In SA, the cost of living is generally lower than in Sydney or Melbourne, which the court may take into account when assessing reasonable maintenance needs.
- Maintenance can be ordered on an interim basis (pending final hearing) or as part of the final property and maintenance orders. It can be periodic (ongoing payments) or a lump sum.
- Spousal maintenance obligations can be varied or discharged if circumstances change. The obligation automatically ends if the receiving party remarries.
Tasmania
Primary statute: Family Law Act 1975 (Cth), ss 72–77 — spousal maintenance
Spousal maintenance is governed by the Family Law Act 1975 (Cth). A party to a marriage or de facto relationship may apply for maintenance if they cannot adequately support themselves and the other party has the capacity to pay.
- The court considers factors including the age and health of each party, their earning capacity, the standard of living during the relationship, whether one party has caring responsibilities for children, and the duration of the relationship.
- Tasmania has a lower cost of living than mainland capital cities, which the court may take into account when assessing reasonable maintenance needs, though Tasmania's lower average incomes can also affect the paying party's capacity.
- Maintenance can be ordered on an interim basis (pending final hearing) or as part of final orders. It can be periodic (ongoing payments) or a lump sum.
- Spousal maintenance obligations can be varied or discharged if circumstances change. The obligation automatically ends if the receiving party remarries.
Victoria
Primary statute: Family Law Act 1975 (Cth)
Spousal maintenance in Victoria follows the Family Law Act 1975 (Cth). Melbourne's high cost of living is a relevant factor in assessing the applicant's need and the level of maintenance.
- A party who cannot adequately support themselves may apply for maintenance. The court considers need, capacity to pay, age, health, earning capacity, and the standard of living during the relationship.
- Melbourne's cost of living — particularly housing costs — is a significant factor. A party who must relocate within Melbourne or establish a new household faces substantial costs that the court takes into account.
- Maintenance can be ordered as periodic payments, a lump sum, or incorporated into a property settlement. Interim (urgent) maintenance can be sought where a party is in immediate financial need.
- Victoria Legal Aid may assist eligible applicants with maintenance claims, particularly where family violence has affected the applicant's capacity to work.
Western Australia
Primary statute: Family Law Act 1975 (Cth), Part VIII, Div 2 — spousal maintenance
Spousal maintenance in WA is governed by the Family Law Act 1975 (Cth) for married couples and the Family Court Act 1997 (WA) for de facto couples. Both are heard by the Family Court of WA.
- A spouse or de facto partner may apply for maintenance if they are unable to support themselves adequately and the other party has the capacity to pay. The court considers factors including age, health, earning capacity, standard of living, and care of children.
- WA's resources boom and bust cycles can significantly affect maintenance capacity — a partner's income may vary dramatically with mining sector conditions.
- The cost of living in remote WA (where many mining families are based) is significantly higher than in Perth, which affects the assessment of reasonable needs.
- Maintenance can be provided as periodic payments, a lump sum, or addressed as part of the overall property settlement. Urgent applications can be made for immediate financial hardship.
Spousal Maintenance in other states
Same topic, different jurisdiction. Pick the one that applies to you.