Spousal Maintenance

Maintenance of a spouse or a de facto partner may be considered by the Court as part of property settlement matters, in addition to child support assessment. However, in some circumstances Spousal Maintenance Orders may be made when there is a substantial difference between the parties’ incomes at the date of separation.

The Family Court of Australia and the Federal Circuit Court of Australia hear two types of applications for spousal maintenance:

• De facto partner maintenance. This provides financial support to a former de facto partner where one party is unable to adequately financially support themselves.
• Spouse maintenance. This provides financial support to a party of a marriage that has broken down where one party is unable to adequately financially support themselves.

Spousal maintenance is usually paid only for a limited period of time until the applicant party is in a position where they can financially support themselves. However, in exceptional circumstances Maintenance Orders may be made that require payments to be made on a permanent basis.

View All Services