Author: Carol Pages, Pages Family Law.
If you’ve recently separated, you may be asking yourself:
- ● Do I have to pay spousal maintenance?
- ● Am I entitled to receive it?
- ● How will it affect my financial future?
This article explains the essentials of spousal maintenance in Australia so you can understand your options and take the next step with confidence.
What Is Spousal Maintenance?
Spousal maintenance is a payment made by one spouse to the other after separation to help cover living expenses.
It is different from child support. Spousal maintenance applies when:
- ● One spouse cannot adequately support themselves, and
- ● The other has the capacity to provide financial support.
When Does Spousal Maintenance Apply?
The Court can make an order for spousal maintenance if it considers it “proper” in the circumstances.
Common examples include when a spouse:
- ● Is caring for a child under 18.
- ● Cannot work due to illness or incapacity.
- ● Has another valid reason they cannot meet their reasonable expenses.
Key Considerations
If You May Have to Pay
- ● Get advice early to avoid overpaying.
- ● Courts expect transparency – your spending and social media can be scrutinised.
- ● Payments are often time-limited, not indefinite.
If You May Receive Maintenance
- ● You don’t have to sell all your assets before applying or to qualify for payments.
- ● A “reasonable” standard of living doesn’t always mean the same lifestyle as before separation.
- ● Applications can be backdated – the sooner you act, the better.
Practical Tips
- ● Seek advice quickly – spousal maintenance can be complex and fact-specific.
- ● Prepare your financial documents carefully – accuracy is critical. One of the main documents you will need to complete is a Financial Statement – Financial Statement Kit (do it yourself kit) | Federal Circuit and Family Court of Australia.
- ● Balance costs and benefits – negotiation can often achieve a better outcome than going to Court.
- ● Consider tax, child support and cash flow – they all affect capacity to pay or receive support.
- ● Be consistent – avoid claiming financial hardship while displaying an extravagant lifestyle.
What the Court Considers
Family Law Act sets out a wide range of factors the Court must consider when deciding on spousal maintenance. From 10 June 2025 these include:
- ● The effect of family violence.
- ● Age, health, and earning capacity of each spouse.
- ● Care of children and housing needs.
- ● Income, assets, and financial resources (including businesses and trusts).
- ● Duration of the relationship and its impact on career opportunities.
- ● The standard of living that is reasonable in the circumstances.
- ● Whether study or training could increase earning capacity.
- ● Child support obligations and any existing property settlement.
- ● Any financial agreements already in place.
Where there are substantial assets or complex financial structures, the Court will look closely at companies, trusts, investments, and superannuation funds.
Next Steps: Protecting Your Position
If you’ve separated, it’s important to understand your obligations and entitlements before making decisions. Getting advice early can:
- ● Clarify what you may need to pay — or what you may be entitled to receive.
- ● Help you plan strategically around settlement and support.
- ● Save you time, stress, and unnecessary legal costs.
📞 Book a 15-minute obligation-free consultation with our family law team today via our website or call (03) 9121 8077.
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The content of this article is provided for information purposes only and does not constitute legal advice. We recommend that you seek legal advice relevant to your own circumstances and we would be happy to assist you.
Carol Pages is the Principal of Pages Family Law and an Accredited Specialist in Family Law and a Nationally Accredited Mediator. If you would like advice about your own separation, please contact Pages Family Law at info@pagesfamilylaw.com.au or on 03 9121 8077 or book a 15 minute free discovery call via our website.
