Spousal Maintenance in Victoria
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?
Under the Family Law Act 1975, a person has a responsibility to financially maintain their spouse or former spouse if that person cannot adequately support themselves (s 72). This is called spousal maintenance.
The court considers 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, the standard of living during the marriage, the length of the marriage, and whether the marriage has affected one party's ability to earn income.
Maintenance can be paid as a lump sum, periodic payments, or by transfer of property (s 77). It is not automatic — you must apply for it. Maintenance can be urgent — the court can make interim orders quickly if a party is in immediate financial 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 also claim 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.
How Victoria differs from federal law
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.
Additional Steps in Victoria
Apply for spousal maintenance through the FCFCOA. For urgent needs, file for interim orders. Contact Victoria Legal Aid (1300 792 387) for legal assistance. Financial counselling is available through the National Debt Helpline (1800 007 007).
Relevant Law: Family Law Act 1975 (Cth), Part VIII, Div 2 (ss 72-76); Part VIIIAB for de facto couples
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.