Spousal Maintenance in Australia: Who Qualifies and How?

When a relationship ends in Australia, spousal maintenance is sometimes part of the picture alongside dividing property. Not everyone is entitled to it, and where it does apply the amount and duration vary widely with each couple's circumstances. Understanding the basics can help you work out what to expect in your own situation.

Spousal maintenance is financial support that one party pays the other after separation. It is separate from property settlement, which divides the assets and debts you built up together. It is also separate from child support. Where it applies, spousal maintenance is about ongoing income needs rather than dividing what you own.

This is general information only and not legal or financial advice. Every situation is different, so it is worth getting independent advice on your circumstances.

What is spousal maintenance?

Spousal maintenance (sometimes informally called alimony or spousal support) is financial support paid by one party to the other after a marriage or de facto relationship ends. It applies to both married and de facto couples, including same-sex couples.

It is governed by the Family Law Act 1975. Under section 72, one party may be liable to maintain the other to the extent they are reasonably able to, if that other person cannot adequately support themselves. For de facto couples, the equivalent provisions are sections 90SE and 90SF.

Maintenance is often a time-limited arrangement, although in some cases it can run for a longer period. It can be paid as regular periodic payments or, by agreement or order, as a lump sum.

Who qualifies for spousal maintenance?

A court does not award spousal maintenance simply because a relationship has ended or because one person earns more than the other. The law applies a two-part test:

• Need. The person seeking maintenance is unable to adequately support themselves, for example because they have care of a child of the relationship under 18, because of age or physical or mental incapacity, or for another adequate reason.
• Capacity to pay. The other person is reasonably able to provide support after meeting their own reasonable needs and any child support obligations.

Both limbs must be met. If the person who would pay cannot reasonably afford it after covering their own living costs and child support, maintenance may not be ordered even where the other party has a genuine need.

The recipient's circumstances

Maintenance is more likely to be relevant where someone:

• Cannot support themselves adequately through employment
• Has care of young children that limits their earning capacity
• Stepped back from paid work during the relationship and needs time to retrain or re-enter the workforce
• Is older and unlikely to rebuild financial independence before retirement
• Has health issues that affect their ability to work

Earning less than a former partner does not, on its own, create an entitlement. The question is whether the person can adequately support themselves.

What the court takes into account

There is no fixed formula for spousal maintenance. The court weighs a range of factors set out in the Family Law Act (section 75(2) for married couples, and the equivalent considerations for de facto couples). These include:

• Each person's age and health
• Income, property and financial resources, and capacity for employment
• Whether either party has the care of a child of the relationship under 18, including the need to provide appropriate housing for that child
• What is a suitable standard of living in the circumstances
• The duration of the relationship and the effect it had on earning capacity
• Any child support being paid or received

Family violence is now expressly considered

From 10 June 2025, amendments to the Family Law Act mean the court must consider the effect of family violence, including financial and economic abuse, when deciding maintenance and property matters. The relevant list of factors was also made non-exhaustive, and the housing needs of children under 18 were added as an express consideration. This is a meaningful change for anyone whose financial position was affected by abuse during the relationship.

Income and living expenses

The court looks at both parties' income, including wages, investment income and income from a business, and at the reasonable living expenses of the person seeking support. Where someone is found to be deliberately limiting their income, the court can take their realistic earning capacity into account rather than their actual earnings.

How long does spousal maintenance last?

Spousal maintenance is not automatically permanent. Common approaches include:

• For a set period. Often to give the recipient time to retrain, increase their hours, or otherwise improve their position.
• Until a specified event or age. For example, until the youngest child reaches a certain age, or until the recipient reaches retirement.
• Longer-term. In some cases, usually after a long relationship where the recipient is unlikely to achieve financial independence.

Maintenance can be varied or ended if circumstances change significantly. If the recipient's income improves, or the payer becomes unwell or loses work, either party can apply to the court to adjust or end the arrangement.

Time limits to apply

There are strict time limits, and missing them can mean you need the court's permission to proceed:

• Married couples: if you are applying after a divorce, you must generally apply within 12 months of the divorce order taking effect.
• De facto couples: you must generally apply within two years of the relationship breaking down.

Applications made outside these periods are not automatic. The court must grant leave (permission), which it will only do in limited circumstances, such as where hardship would otherwise result. Because the deadlines are firm, it is worth getting advice early.

Urgent and interim maintenance

If you have an immediate need for support and cannot wait for a full hearing, you can ask the court for urgent maintenance. This is dealt with under section 77 of the Family Law Act for married couples and section 90SG for de facto couples. The court can put an interim arrangement in place until your matter is fully considered.

How much is typical?

There is no standard amount. It depends entirely on the recipient's reasonable needs and the other party's capacity to pay, so figures vary widely from case to case. Rather than anchoring to a number, it is more useful to map out the recipient's reasonable expenses and the payer's genuine capacity after their own costs and any child support. A family lawyer can give you a realistic view for your income levels.

Spousal maintenance and property settlement

Maintenance and property settlement are related but distinct. Property settlement divides what you own and owe; maintenance addresses ongoing income needs. The two can interact. For example, a larger share of property or superannuation might reduce or remove the need for ongoing maintenance, and parties sometimes agree on a property outcome in place of periodic payments.

Superannuation is generally treated as property and can be split as part of a settlement. A more secure financial position from the settlement can reduce how much ongoing income support is needed.

Negotiating maintenance in a settlement

If you reach an agreement rather than going to court, you have flexibility. Couples sometimes agree on:

• A different amount or duration than a court might order
• A lump sum instead of ongoing payments
• Payments that step down over time
• Payments tied to an event, such as the youngest child finishing school

To be enforceable, these arrangements need to be formalised, either as consent orders made by the court or as a binding financial agreement. Both of these require independent legal advice, so it is sensible to involve a lawyer before you finalise anything.

Where Separately fits in

Separately helps you get organised before those conversations. By working through your situation, you receive an assessment that helps you understand your financial picture and what a fair outcome might look like, so you can approach negotiations or legal advice with more clarity. It is a starting point for understanding, not a substitute for advice on your specific circumstances.

If spousal maintenance might be part of your separation, a calm first step is to get a clear view of the full picture, then speak with a family lawyer about what is realistic for you.