Spousal Maintenance

Spousal maintenance is support paid by one partner to help the other regain stability after separation.

After a separation, one partner may still need support to meet everyday living costs — especially if they’ve stepped away from the workforce, cared for children, or have limited income or earning capacity. Spousal maintenance ensures a fairer transition when circumstances change.

At Pullos Lawyers, we help you understand your rights and responsibilities when it comes to spousal maintenance, and create a clear path forward, whether you’re seeking support or may be required to provide it.

Spousal maintenance may apply if:

You can’t meet your living expenses without support
You’ve stepped away from work or earning capacity during the relationship
You’re the higher income earner and unsure of your legal obligations
There’s an existing arrangement that needs to be reviewed or updated
Your circumstances have significantly changed and you need financial clarity

There’s no automatic entitlement to spousal maintenance — but it can be a vital support in the right circumstances.

We’re here to help you understand the law, assess your situation, and secure the best outcome.

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Spousal Maintenance FAQs

What is spousal maintenance in Australia?

Spousal maintenance is financial support paid by one partner to the other after separation if they can’t adequately support themselves. It’s separate from child support and based on need and capacity to pay.

Learn more in How Is Spousal Maintenance Calculated In Australia?

Who is eligible for spousal maintenance?

You may be eligible if you’re unable to support yourself due to age, health, caring responsibilities, or lack of income, and your former partner has the capacity to pay.

Need help understanding your eligibility? Contact us today.

How long do spousal maintenance payments last?

It depends on your circumstances. Payments may be short-term (to help you get back on your feet), ongoing, or end when your financial situation changes — like finding work or remarrying.

We explain more in FAQs About Spousal Maintenance.

Do I have to go to court to get spousal maintenance?

Not always. Many people negotiate payments privately or with lawyers’ help. If you can’t agree, you can apply to the court for an order.

Is spousal maintenance automatically included in divorce?

No. You must apply for it separately. You have 12 months from the date your divorce becomes final to apply (or 2 years for de facto relationships).

Can I get spousal maintenance if I was in a de facto relationship?

Yes. The same rules apply to de facto couples — if you meet the criteria, you may be entitled to financial support.

Unsure of your rights? Read our Guide To Rights And Entitlements In A De Facto Relationship.

What factors does the court consider for spousal maintenance?

The court considers income, earning capacity, property, age, health, and whether the person seeking support is caring for children or has limited work prospects.

We explain more in FAQs About Spousal Maintenance.

Can spousal maintenance be part of a Binding Financial Agreement?

Yes. You can include terms for spousal maintenance in a Binding Financial Agreement made before, during, or after a relationship — but legal advice is essential.

Learn how these work in The Benefits Of A Binding Financial Agreements For Your Marriage.

What happens if my ex stops paying spousal maintenance?

If there’s a court order or agreement in place, you can take legal action to enforce it. This may include garnishing wages or applying for penalties.

Is spousal maintenance taxable in Australia?

No. Spousal maintenance is not considered taxable income for the person receiving it, and the payer doesn’t get a tax deduction.

For personalised advice, contact us today.

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Accredited Family Law Specialist with 40 years’ experience.

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