Spousal Maintenance

What is spousal maintenance?

When a relationship ends, the law encourages the parties to become financially independent of each other as soon as possible. In some circumstances, however, one spouse or partner may be required to pay maintenance to the other to support them for a period of time.

During a marriage or civil union, during separation, and for a reasonable period after a marriage or civil union is dissolved, a spouse or partner (the maintenance payer) is liable to maintain the other party (the claimant) only to the extent necessary to meet the claimant’s reasonable needs if the claimant cannot practicably meet all or part of those needs because of any of the following:

• the claimant’s ability to become self-supporting, having regard to:

  • the division of functions within the relationship when the parties lived together

  • the likely earning capacity of each party

  • any other relevant circumstances

• the care arrangements for any minor or dependent children of the relationship

• the standard of living of the parties while they lived together

• the fact that the claimant is undertaking a reasonable period of education or training to increase their earning capacity or to reduce or eliminate the need for maintenance, and it would be unfair for the claimant to have to meet all their reasonable needs immediately because of:

  • the effects of the division of functions within the relationship on the claimant’s earning potential, or

  • the effects of childcare arrangements on the claimant’s earning potential, or

  • the claimant having previously maintained the maintenance payer, wholly or partly, during a period of education or training.

Maintenance after the end of a de facto relationship

The responsibilities and criteria for maintaining a de facto partner are the same as those set out above for a spouse or civil union partner, except the responsibility is to maintain a de facto partner at the end of the relationship only, not during the relationship.

Interim Maintenance

You can apply for interim maintenance for up to six months to cover your reasonable needs, until the Family Court makes a decision about your application for ongoing maintenance. The process for getting interim maintenance can be relatively fast and it can be a useful stop-gap measure.

How much maintenance will I receive?

The amount of maintenance payable will depend on:

• the means of each party, including potential earning capacity and any means gained from relationship property division

• the reasonable needs of each party, keeping in mind the standard of living of the parties when they were living together

• whether the maintenance payer is supporting any other person

• the financial and other responsibilities of each party

• any other relevant circumstances (for example, any conduct of the claimant which is an attempt to prolong their inability to meet their own reasonable needs).

If you would like to speak with Jeremy regarding legal aid for a spousal maintenance dispute, please fill out our inquiry form here.