Spousal maintenance lawyers
After separation, one person may be required to support the other financially if they cannot adequately support themselves. We advise on whether maintenance is likely, how much and for how long.
Start with a free 20-minute discovery call. Meetings across Australia, in person or online.
Separation can leave one person facing real financial pressure, often after years caring for children or supporting a partner’s career.
Spousal maintenance is separate from child support and from a property settlement, although the three are closely connected.
We advise people seeking maintenance and people asked to pay it, and we look at how maintenance fits with the overall settlement.
The whole financial picture
Maintenance rarely stands alone. The property settlement, child support and each person’s earning capacity all affect what is fair and what is needed.
Where it would help, we coordinate with financial advisers and accountants so you can plan for the future with a realistic budget.
Property settlementsHow we can assist
Whether you need support urgently or have received a claim, we give you clear advice on your position.
Urgent maintenance
Interim support where someone cannot meet their reasonable expenses while matters are resolved.
Learn morePeriodic maintenance
Regular payments for a set period, often while a person retrains or returns to work.
Lump sum maintenance
A single payment, often included as part of the overall settlement.
Responding to a claim
Advice on your capacity to pay and the strength of the claim.
De facto maintenance
Claims after a de facto relationship, subject to the same requirements as property claims.
Learn moreVarying maintenance
Changing orders where circumstances have changed.
Maintenance in agreements
Dealing with maintenance in consent orders or a binding financial agreement.
Learn moreAdult child maintenance
Support for children over 18 who are completing their education or have a disability.
Child support is separate and is usually assessed by Services Australia. See child support.
How spousal maintenance is assessed
Maintenance is not automatic. The Court looks at two key questions, and then at what is reasonable in all the circumstances.
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Can the person seeking maintenance meet their reasonable expenses from their own income and resources?
Capacity to pay
Does the other person have the capacity to pay, after meeting their own reasonable expenses?
The relevant factors
The Court considers each person’s age, health, income, earning capacity, care of children, and a reasonable standard of living.
The type and duration
Whether periodic or lump sum maintenance is appropriate, and for how long.
Agreement or orders
Maintenance can be agreed and formalised, or decided by the Court.
Review
Orders can be varied if circumstances change significantly.
“The Team at Franklin Family law are amazing, empathetic and professional. They truly had my best interests at heart and looked after me with care and professionalism.”
Need financial support after separation, or been asked to pay it?
Talk to us about where you stand.
What makes a claim stronger or weaker
Every claim depends on its facts. Three things often matter most.
Earning capacity
Time out of the workforce, caring for children and health can reduce a person’s ability to support themselves.
Resources
The property settlement, savings and other resources available to each person.
Reasonable expenses
A realistic budget, supported by evidence, for each person.
Common questions about spousal maintenance
Who can claim spousal maintenance?
A person who cannot adequately support themselves, where their former spouse or de facto partner has the capacity to pay. It applies to married couples and to de facto couples who meet the requirements of the Family Law Act.
Is there a time limit?
Yes. The same time limits apply as for property: 12 months after a divorce takes effect, or two years from separation for de facto couples.
How is the amount worked out?
There is no formula. The Court looks at the reasonable needs of the person seeking maintenance and the capacity of the other person to pay, along with factors such as age, health, earning capacity and care of children.
How long does maintenance last?
It depends on the circumstances. Often it is for a limited period, for example while a person retrains or children start school. It can be varied if circumstances change, and usually ends if the person receiving it remarries.
Is spousal maintenance the same as child support?
No. Child support is for the children and is usually assessed by Services Australia. Spousal maintenance is for a former partner and is dealt with under the Family Law Act.
Can I get support urgently?
Yes. The Court can make urgent interim maintenance orders where a person cannot meet their immediate needs.
What does it cost?
Your first step is a free 20-minute discovery call, where we listen, explain your options and outline what working with us could look like. If you go ahead, we explain costs clearly at the outset.
This is general information, not legal advice for your situation.
Plan for financial security.
Whether you need support or have received a claim, we invite you to start with a confidential conversation about your circumstances and options.
