The Reality of Spousal Maintenance

If you've recently separated and you're wondering whether you're entitled to financial support, or whether you might be required to pay it, you're not alone. These are among the most common questions people have in the immediate aftermath of a relationship ending.

Spousal maintenance is one of the most misunderstood areas of Australian family law. Many people arrive expecting something like alimony: automatic, ongoing, and proportionate to what the wealthier partner earns. The reality is quite different, and understanding what the law actually provides can help you figure out where you stand before you speak to a lawyer.

What Is Spousal Maintenance?

Spousal maintenance is financial support paid by one former spouse or de facto partner to the other after separation. It is available to both married couples and de facto couples (including same-sex de facto couples) under the Family Law Act 1975 (Cth).

It is entirely separate from:

• Child support — assessed by Services Australia under a distinct formula

• Property settlement — the process for dividing assets and liabilities, which you can read more about in our guide to property settlement after separation

The most important thing to understand first: spousal maintenance is not automatic. It is not a guaranteed entitlement simply because a relationship has ended, or because one person earns significantly more than the other.

Am I Entitled to Spousal Maintenance?

Eligibility depends on a two-part test.

Part 1: Can you adequately support yourself?

You must show that you cannot meet your own reasonable needs. This might be because:

• You are caring for a child of the relationship, which limits your capacity to work

• You have a health condition or disability affecting your ability to earn income

• You spent years out of the workforce raising children or supporting your former partner's career, leaving you with reduced qualifications or limited employment options

• Any other circumstance the court considers relevant

Part 2:  Does your former partner have the capacity to pay?

Even where you satisfy Part 1, a court will only order maintenance if your former partner has the financial capacity to pay. Both parts must be satisfied.

This two-part test matters because it corrects a widespread misconception: spousal maintenance is not about equalising incomes after separation. It is about addressing a genuine inability to self-support, where the other party can genuinely help.

How Is Spousal Maintenance Calculated?

There is no formula, and no spousal maintenance calculator that produces a reliable figure. Unlike child support, Australian courts apply discretion when assessing both eligibility and amount, using the factors listed in section 75(2) of the Family Law Act 1975.

The s.75(2) factors

The court must consider:

• The age and state of health of both parties

• The income, property, and financial resources of each party

• Each party's physical and mental capacity to obtain employment

• Whether either party has care or control of a child under 18

• The standard of living during the relationship

• The extent to which the relationship affected one party's earning capacity, including time out of the workforce, lost qualifications, or career interruptions from relocating for the other party

• Each party's necessary financial commitments

What changed in June 2025

The Family Law Amendment Act 2024 took effect on 10 June 2025 and added three significant new factors to the s.75(2) list:

1. The economic effect of family violence. Where one party subjected or exposed the other to family violence, the court must now expressly consider the financial impact of that violence, including effects on employment, earning capacity, health, and housing stability.

2. Housing needs for a child in care. The court must now consider what is needed to provide appropriate housing for any child in the care of either party.

3. A broad judicial discretion. Courts now have an express power to consider any other fact or circumstance that the justice of the case requires.

These amendments apply to all proceedings on or after 10 June 2025, regardless of when the relationship ended.

What do courts actually award?

Courts look at realistic outcomes, not just figures on paper.

In Moller v Moller, the court considered a wife who had spent many years out of the workforce while raising children and supporting the family. Despite holding professional qualifications, her practical capacity to return to full-time work immediately was significantly reduced. The maintenance order reflected both her immediate shortfall and the realistic time she would need to re-establish financial independence.

The court is not trying to punish the higher earner. It is trying to address a genuine and demonstrable financial imbalance, one that arose, at least in part, from the relationship itself.

What If You Need Help Right Now?

If you're facing an immediate financial shortfall after separation, you don't need to wait for a full hearing. You can apply for interim spousal maintenance, a temporary order made while the main application is resolved.

Interim orders can be made quickly when genuine urgent need is established. If you've been left without access to income or funds, cannot meet rent or mortgage obligations, or cannot afford day-to-day living expenses, speak to a lawyer about an urgent application as soon as possible.

Time Limits, Don't Leave It Too Late

This is one of the most critical things to understand about spousal maintenance.

If you miss this deadline, you will generally need the court's permission to proceed. The court can grant an extension where hardship would result, but this is not guaranteed, and it adds complexity and cost.

If you are approaching your deadline, or unsure whether it has already passed, seek legal advice immediately. Note: urgent interim applications can be made at any point before the relevant deadline, you do not need the full application finalised first.

How Long Does Spousal Maintenance Last?

Spousal maintenance orders are not automatically permanent. Duration depends on the circumstances of each case.

Some orders are time-limited, for example, to provide support while a party completes further study, retraining, or a gradual return to the workforce. Others may be open-ended where the circumstances make a defined end date inappropriate, such as where a party has a long-term health condition that permanently limits their earning capacity.

Duration is one of the factors the court weighs when making an order. Either party can also apply to vary or discharge an existing order if circumstances change significantly after it is made, for example, if the recipient's financial position improves substantially, or if the payer's capacity to pay is genuinely reduced. Courts expect maintenance arrangements to be reviewed over time as circumstances evolve; a formal application to vary is the proper pathway when they do.

What If My Ex Has a New Partner?

This comes up frequently, and the answer is more nuanced than many people expect.

If your former partner (the payer) enters a new relationship, this does not automatically end or reduce their obligation. However, if they later apply to vary the order and argue that their financial circumstances have changed, for example, because of new household obligations, the court may consider those changed circumstances as part of the variation process.

If you (the recipient) enter a new relationship, this may affect your maintenance. The court can consider whether your financial position has improved as a result. But again, this is not automatic, your existing order continues until it is formally varied or discharged by the court. Neither outcome is assumed, and neither happens without a formal application.

Tax and Centrelink, What You Need to Know

Tax: Spousal maintenance payments are not taxable income for the recipient. Equally, the person making payments cannot claim them as a tax deduction. This surprises many people and is worth understanding clearly before any offer is made or accepted.

Centrelink: If you receive Centrelink payments, you are required to notify Centrelink when a maintenance order is made or agreed. Centrelink will reassess your income-tested benefits accordingly.

One important nuance: under s.75(2)(b) of the Family Law Act, a court assessing whether you can adequately support yourself is required to exclude your Centrelink income from that assessment. Receiving Centrelink benefits does not undermine your eligibility for spousal maintenance. This is a detail that can make a real difference to your case.

How Do You Apply?

Spousal maintenance can be resolved by agreement or by court order.

If you and your former partner can reach agreement on amount and duration, that agreement can be formalised through consent orders filed with the Federal Circuit and Family Court of Australia, or through a binding financial agreement. This avoids a hearing and is generally quicker and less costly.

If agreement is not possible, either party can apply to the court for a determination. The court will consider evidence, apply the s.75(2) factors, and make a binding order.

The strength of your position depends substantially on how the matter is prepared and presented.

Talk to a Family Lawyer

Whether you are considering making a claim, responding to one, or simply trying to understand your position before your first appointment, the right legal advice at the right time makes a genuine difference.

Our family law team works with clients across Brisbane, Toowoomba, Ipswich, and North Lakes. We understand that people researching spousal maintenance are navigating real financial pressure alongside everything else that separation brings. We aim to give you a clear, honest picture of your situation, in plain language.

If you've recently separated, speak with our separation lawyers for advice specific to your circumstances.

You may also have questions about how spousal maintenance interacts with your property settlement. These are related but entirely separate processes, and both affect your long-term financial position.

Contact us to arrange a confidential conversation with a member of our team.