What Is Spousal Maintenance In Australia?

In Australia, Spousal Maintenance is financial support paid by one party to a marriage or de facto relationship to the other following separation and/or divorce.

You might have a maintenance obligation imposed where you have the financial capacity to contribute to your former partner’s support, and they cannot support themselves.

Only de facto partners who separated after 1 March 2009 can obtain orders for spousal maintenance in Queensland. 1 March 2009 was when separated de facto couples came under the jurisdiction of the Family Law Act 1975.

Spousal maintenance is different from child support. It is additional to the responsibility to provide for the financial upkeep of children.

If you separated from a de facto partner prior to 1 March 2009, you have no legal right to spousal maintenance in Queensland.

In What Circumstances Might Spouse Maintenance Be Ordered?

Spouse maintenance can be ordered by a Court when:

  • one party has the financial capacity to maintain the other and
  • the other party needs support because they cannot “adequately” support themselves.

In determining an application for spousal maintenance, a Court will consider the circumstances of both parties, including:

  • age and health;
  • income, property, and financial resources;
  • ability to work;
  • a suitable standard of living (having regard to the lifestyle enjoyed during the relationship);
  • whether the relationship has affected the ability of any party to earn an income; and
  • the living arrangements of children under 18 or any disabled adult children.

The family law team at CLO Lawyers will assist you in determining how the family law legislation relating to spousal maintenance applies in your particular circumstances.

CLO Lawyer’s Toowoomba Family Law team, led by Murray Crawford, offers a confidential, fixed-fee appointment to advise on spousal maintenance and financial matters.
Contact CLO Lawyers Today to Discuss Your Options.
Spousal Maintenance Lawyers | CLO Lawyers, Toowoomba QLD

Time limits for Spousal Maintenance Applications

For Married Couples Who Are Divorced:

Divorce is separate from spousal maintenance and other financial proceedings. However, when a divorce order is made, parties to the marriage must apply for spousal maintenance (and other financial orders) within one year from the date the divorce was finalised.

There must be exceptional circumstances to initiate proceedings out of time. You must first obtain the leave of the court to file an application.

For De Facto Couples Who Are Separated:

De facto couples must apply for spousal maintenance and other financial orders within two years from the date the de facto relationship ended.

There must be exceptional circumstances to initiate proceedings out of time. You must first obtain the leave of the court to file an application.

Spousal Maintenance FAQ: Frequently Asked Questions

Most people know the term “alimony” from American television. In US popular culture, alimony is paid to the financially disadvantaged wife after a breakup so she can enjoy the lifestyle she became accustomed to during the marriage.

In the USA, alimony is a legal obligation imposed on a person to provide financial support to their former partner before or after marital separation or divorce. It is referred to as “maintenance” in countries such as the UK, Canada, and New Zealand. In Australia, we use the term “spousal maintenance”. However, each jurisdiction has different legal principles underpinning these concepts.

So, if you are Googling the topic of spousal maintenance, be sure to seek information relevant to your situation and country of residence.

If safe to do so, it is generally best if separated couples can make their own arrangements regarding financial and property adjustment matters. Not only will making your own agreement benefit all family members, but you will also save money, time, and stress.

When an agreement cannot be reached, you can apply to the Federal Circuit and Family Court of Australia (the court) for a spousal maintenance order. You must show that you need financial support because you cannot adequately maintain yourself, and your ex-partner can afford to pay.

Suppose your application is contested by your former partner. In that case, it may take many months for the matter to be decided by the court.

If you need a maintenance order urgently, there is a process for seeking urgent maintenance. Seek legal advice for assistance with this process. Contact CLO Lawyers today to arrange for a consultation with a dedicated family lawyer.

Suppose the parties’ circumstances change so that the factors that resulted in the initial spousal maintenance order being made no longer apply. In that case, the obligation to pay maintenance will end. For example, the payee’s financial situation might improve due to:

  • they have entered into a de facto relationship;
  • their responsibility to care for children ends; or
  • their earning capacity improves.

The right to receive periodic spousal maintenance payments ends if the payee marries again (unless the court orders otherwise).

Suppose you require a spousal maintenance order to end. In that case, an application must be made to the court to vary the existing maintenance order.

Spousal maintenance agreements or orders can take a variety of forms. The type of spousal maintenance payments will depend on whether the arrangement is interim or final.

Spousal maintenance can be paid in periodic instalments for a defined period or until the happening of a specific event or as a lump sum.

It is not uncommon for lump sum spousal maintenance to be paid as part of a final property settlement arrangement. The intention would be for a property settlement and spousal maintenance lump sum arrangement to terminate the financial relationship between the parties.

Our family law team, led by Murray Crawford, offers a confidential, fixed-fee appointment to provide the family law advice you need.

If you would like further information about spousal maintenance rights and obligations, contact us today.

Useful Links - Spousal Maintenance Australia

Below are some useful links to information regarding spousal maintenance in Australia: