Spousal maintenance and de facto partner maintenance
Learn when spousal maintenance or de facto partner maintenance may be available, how need and capacity are assessed, and what time limits apply.
Read article →Spousal Maintenance
Need & capacity - the two questions that drive every claim.
Financial support after separation may be available where one party cannot adequately support themselves and the other has capacity to contribute. We assess both sides of that question carefully.
- Test
Need & capacity
- Separate from
Child support
- Can be
Urgent or interim
- De facto
Time limits apply
What spousal maintenance means.
Spousal maintenance is financial support paid by one party to the other after separation where one party cannot adequately support themselves and the other has capacity to contribute.
It is separate from child support and property settlement, although these issues can overlap. Maintenance may be considered urgently, for a limited period or as part of broader negotiations.
Relevant factors may include income, expenses, health, age, care responsibilities, earning capacity, financial resources and standard of living during the relationship.
Maintenance is based on need & capacity.
A maintenance issue usually requires consideration of whether one party needs financial support and whether the other party has capacity to pay. Both sides matter - and the evidence on each side must be properly assessed.
Our approach
Maintenance requires evidence & analysis.
Spousal maintenance is decided on the numbers - both sides of them. Advice helps avoid claims or responses that do not properly account for the broader financial position.
Clear eligibility advice.
We explain whether maintenance may be available, or how to respond to a claim, before you make a move.
Financial analysis.
We consider income, expenses, earning capacity and care responsibilities - both yours and the other party's.
Negotiation support.
We help manage proposals and responses strategically - not reactively.
Property overlap understood.
We consider maintenance within the broader financial separation, not in isolation.
How it works
The Spousal Maintenance process.
Maintenance matters require careful review of both parties' income, expenses, earning capacity, health, care responsibilities and broader property settlement issues.
01
Review financial circumstances
Consider income, expenses, assets, liabilities, care responsibilities and immediate needs.
02
Assess need & capacity
Identify whether there may be financial need and whether the other party may have capacity to contribute.
03
Consider urgency
Assess whether interim support, urgent negotiation or court action may be required.
04
Negotiate or respond
Prepare proposals, respond to claims or negotiate maintenance arrangements.
05
Formalise or review
Document agreements or seek orders where resolution is not possible.
Frequently asked questions
Advice from our family law team.
Is spousal maintenance automatic?
No. It depends on whether one party has need and the other has capacity to pay.
Can de facto partners seek maintenance?
In some circumstances, de facto partners may seek maintenance. Time limits and eligibility should be considered.
What evidence is needed?
Evidence may include income, expenses, bank records, liabilities, health issues, care responsibilities and earning capacity.
Can maintenance be urgent?
Yes - urgent or interim support may be considered where immediate financial need exists.
How does maintenance affect property settlement?
Maintenance and property settlement are separate issues, but they should be considered together as part of financial strategy.
What if I receive a maintenance demand?
Seek advice before responding so your capacity, expenses and broader settlement position are properly considered.
Can spousal maintenance be paid as a lump sum?
Yes - maintenance may be paid periodically or as a lump sum in appropriate cases. The suitable structure generally depends on the extent and likely duration of the financial need being met.
Does spousal maintenance end if the receiving party remarries?
Generally, yes - a spousal maintenance order ceases on the remarriage of the party receiving it, unless a court orders otherwise in special circumstances. The recipient is expected to inform the other party of the remarriage without delay.
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Adult child maintenance can be sought if needed for education or disability. Learn the conditions under which this support can be requested.
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