Ask most separated couples about spousal maintenance and you get a blank look. Property settlement they know about. Child support they know about. But the idea that one former partner might have to financially support the other, personally, is often a surprise. It is a real and separate right under Australian family law, available to married and de facto couples alike, and it exists for a simple reason: a relationship can leave one partner unable to support themselves while the other can comfortably help. This guide explains who can claim it, the test a court applies, the strict time limits, and how it works alongside a property settlement.
What is spousal maintenance?
Spousal maintenance is financial support that one party to a marriage or de facto relationship pays to the other after separation, ordered under the Family Law Act 1975 (Cth), the same federal legislation that governs divorce, property settlement and parenting matters across Australia. In Victoria, an application is made to the Federal Circuit and Family Court of Australia, the court that handles family law matters for Victorians.
It helps to separate it clearly from two things it is often confused with. Property settlement divides what you and your former partner already own, once, and generally finalises the financial relationship between you. Child support is money paid for the benefit of a child, assessed by Services Australia under its own formula. Spousal maintenance is different again: it is support paid for a former partner personally, and it turns on whether that person can support themselves, not on what property exists to be divided.
Who can apply for spousal maintenance?
Both married and de facto partners can apply, including same sex de facto couples, on largely the same test. The practical difference between the two is the time limit, and it is strict enough to matter.
- If you were married, you generally must apply within twelve months of your divorce order taking effect.
- If you were in a de facto relationship, you generally must apply within two years of separation.
Miss the deadline and you need the court's permission to apply late, which is not guaranteed and depends on why the application is late and the strength of your case. Property settlement carries the same twelve month and two year deadlines, which is why most people deal with both at the same time. Our guides to divorce in Victoria and de facto separation explain those deadlines in more detail.
What test does the court apply?
There is no formula and no calculator, unlike child support. The court asks two connected questions. First, can the applicant meet their own reasonable needs from their own income, earning capacity and assets. Second, does the other party have the capacity to meet those needs, after allowing for their own reasonable needs and financial commitments. Maintenance is only available where the answer to the first question is no and the answer to the second is yes. A comfortable applicant with a wealthy former partner is not automatically entitled to anything, and a party with modest means is not liable simply because their former partner is struggling.
What does the court weigh in deciding how much, and for how long?
Once the basic test is met, the amount and duration are discretionary rather than calculated. The court weighs a wide range of factors, including the age and health of each party, their income and earning capacity, whether either party has the care of children from the relationship and needs to maintain a household around that care, how long the relationship lasted, and the standard of living the parties shared. Because this is a judgement call rather than a formula, two cases that look similar on paper can be resolved quite differently, which is exactly where good advice on your own facts matters most.
Not sure whether you could claim spousal maintenance, or whether a claim might be made against you? Call (03) 9125 8355 or send an enquiry.
Can you get support while the case is still going?
Yes. Where waiting for a final hearing would leave someone without income to live on, the court can make an interim or urgent maintenance order to bridge the gap while the wider financial case, including any property settlement, is worked out. This matters most in the period immediately after separation, when one partner may have stopped contributing to household expenses and the other has not yet had time to reorganise their finances.
How is maintenance paid, and does it last forever?
An order can require periodic payments, a lump sum, or a combination of both, and it can run for a fixed period or be left open ended depending on the circumstances, such as until a youngest child starts school or a recipient completes retraining. It is not automatically ongoing. Because circumstances change, an existing order can generally be varied later if there has been a significant change in either party's situation, though the party seeking the change carries the burden of showing why.
What brings a maintenance entitlement to an end?
Several things can end it. Remarrying another person generally ends your entitlement automatically, unless the court orders otherwise because of special circumstances. Starting a new de facto relationship does not automatically end it, but the financial support available from a new partner is a factor the court will take into account when deciding whether maintenance should continue. An existing maintenance order also stops if either party dies, and it cannot generally be pursued against the paying party's estate afterwards, which is a good reason to also have a will and, where appropriate, a binding financial agreement that anticipates that risk.
Can spousal maintenance be dealt with in an agreement?
Yes. A properly made binding financial agreement can deal with spousal maintenance, alongside property and superannuation, though the rules about when a party can validly give up their right to claim it are narrower than the rules for property. Consent orders reached as part of a broader property settlement can also record an agreed maintenance arrangement, giving it the same force as a court order without a contested hearing. Our guide to binding financial agreements explains how those agreements are made and when courts will set one aside.
How we help
Spencer Alexander Lawyers advises both applicants and respondents on spousal maintenance claims across Melbourne and Victoria, usually alongside a property settlement or a binding financial agreement rather than as a standalone matter. We assess whether the needs and capacity test is likely to be met on your facts, help you understand the range a court might realistically order, and negotiate or apply for orders that protect your position without unnecessary conflict. Learn more about our family law practice.
Common questions
What is the difference between spousal maintenance and child support? Child support is for a child, assessed by Services Australia under its own formula. Spousal maintenance is for a former partner personally, ordered by a court if they cannot meet their own reasonable needs and the other party can help. The two can run alongside each other.
Can de facto partners claim spousal maintenance? Yes, on largely the same needs and capacity test that applies to married couples, including same sex de facto couples. The main practical difference is the time limit: generally two years from separation, rather than the twelve months that applies after divorce.
How long do I have to apply for spousal maintenance after divorce? Generally twelve months from the date your divorce order takes effect. After that you need the court's permission, which is not guaranteed. Property settlement carries the same deadline, so most people address both together.
Does spousal maintenance stop if I remarry? Generally yes, automatically, unless the court orders otherwise in special circumstances. A new de facto relationship does not automatically end it, though the new partner's support is a factor the court will weigh.
Whether you might be entitled to spousal maintenance, or a claim has been raised against you, one conversation clarifies where you actually stand. Call (03) 9125 8355 or send an enquiry.
This guide reflects the law applying in Victoria as at August 2026. It is general information only, not legal advice, and does not take your circumstances into account.