Separation brings enough stress without the added worry of how you will cover the bills. If you have recently separated or divorced, you might be wondering whether you can claim financial support from your former partner, or whether you could be asked to pay it. That support is called spousal maintenance, and in Australia it is one of the most misunderstood parts of family law. Here is how it actually works, and why an online calculator cannot give you the answer.
What is spousal maintenance in Australia?
Spousal maintenance is financial support that one partner pays the other after a relationship ends. It is not automatic, and it is not a penalty. The law recognises that when a couple separates, one person may be unable to meet their reasonable living costs on their own. The rules sit within the Family Law Act 1975 (Cth) and apply to married and de facto couples, including same-sex partners. When former partners cannot agree, the Federal Circuit and Family Court of Australia decides the matter.
Spousal maintenance and child support are not the same thing
People often mix these up. Child support covers the everyday costs of raising children and follows a set formula run by Services Australia. Spousal maintenance is support for your former partner, and there is no formula behind it. You might be liable for one, both or neither.
Who is eligible for spousal maintenance?
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Eligibility comes down to two questions. Can the person applying meet their own reasonable needs? And can the other person afford to pay after covering their own reasonable expenses? If the applicant can support themselves comfortably, maintenance is unlikely. Both parts of the test have to be met.
If they are, the court weighs a range of factors set out in the Family Law Act, including:
- age and health
- income, property and other financial resources
- the ability to earn an income and whether the relationship affected it
- who cares for any children under 18
- the length of the relationship and a reasonable standard of living
No single factor decides it. A long marriage where one partner left paid work to raise children looks very different to a short one between two professionals.
Is there a spousal maintenance calculator in Australia?
This is where a lot of online information gets it wrong. There is no official spousal maintenance calculator in Australia and no fixed formula that produces a number. Because every separation is different, the court has discretion to weigh the factors above and reach a fair result for the family in front of it.
A calculator cannot account for a chronic illness, or for a career given up to move interstate, so tools that promise an instant figure can set false expectations in either direction. For a realistic sense of where you stand, speak with a family lawyer who can apply the law to your situation.
How much is spousal maintenance and what might it look like?
There is no average spousal maintenance amount in Australia, for the same reason there is no calculator. The figure comes down to what the person receiving it needs and what the person paying it can afford.
Support usually takes one of three forms:
- periodic payments, often weekly or monthly, that cover the gap between income and reasonable expenses
- a lump sum, sometimes folded into the property settlement, that resolves support in one payment
- urgent or interim maintenance, which provides short-term help while a longer case is sorted out
In practice, ongoing maintenance is less common than people expect. In many separations nobody pays it at all, because the property settlement already covers each person’s needs.
How long does spousal maintenance last?
Spousal maintenance is rarely a payment for life. It is usually meant to help someone get back on their feet, not to support them indefinitely. The court can order support for a set period, for example while someone completes study or retraining.
Periodic maintenance usually ends if the person receiving it remarries, unless the court orders otherwise. Either party can also ask the court to change or end an order when circumstances shift, whether that is a pay rise, a new job or a serious illness.
How to apply for spousal maintenance in Australia
If you think you are entitled to support, or you have been asked to pay it, the process usually runs like this.
- Try to reach an agreement. Many couples sort maintenance out between themselves, often with a lawyer’s help, then lock it in through consent orders or a binding financial agreement.
- Exchange financial information. Both people are expected to be open about their income, assets and expenses. Honest disclosure is not optional.
- Apply to the court if you cannot agree. You can apply to the Federal Circuit and Family Court of Australia for orders.
If your situation is urgent and you cannot cover essentials right now, you can ask the court for urgent maintenance before your full case is heard.
Time limits for applying
Timing matters, and missing a deadline can cost you the right to claim.
- If you were married, you generally have 12 months from the date your divorce becomes final.
- If you were in a de facto relationship, you generally have two years from the date you separated.
You can sometimes apply outside these limits, but only with the court’s permission. If a deadline is close, get advice early. Our spousal maintenance and separation and divorce pages explain the next steps.
Frequently asked questions
Do I have to pay spousal maintenance in Australia?
Only if two things are true: your former partner cannot reasonably support themselves, and you can afford to pay after meeting your own reasonable needs. Many people pay nothing, because a property settlement resolves the financial side of separation instead.
Does spousal maintenance apply to de facto relationships?
Yes. De facto couples, including same-sex couples, can claim spousal maintenance under the Family Law Act on much the same basis as married couples. The main difference is the time limit, which runs from separation rather than divorce.
Is spousal maintenance taxable in Australia?
Periodic spousal maintenance is generally not treated as taxable income for the person receiving it and generally not tax-deductible for the person paying it. Because tax can depend on how support is structured, check the details with your lawyer or accountant.
Getting the right advice for your situation
Spousal maintenance turns on the details rather than a formula, which is unsettling when your financial future is at stake. The right advice can make a real difference to where you end up.
At Allen Evans Family Lawyers, we help clients across Sydney understand their entitlements and obligations clearly. Our practice is led by solicitor director Mary Pollatos, who has worked in family law since 2002. Whether you are considering a claim or responding to one, we will talk you through your options with no jargon and no pressure.
To discuss your situation, call 1300 110 080 or get in touch for a confidential conversation. Property settlements often go hand in hand with maintenance, and we can help with those too.
This article is general information only and is not legal advice. For advice specific to your circumstances, contact Allen Evans Family Lawyers on 1300 110 080 or through our enquiry form.