When “I Do” Becomes “I Don’t”—Who Pays What?
Separation can feel like the emotional equivalent of a rollercoaster—but what happens to your financial situation once the ride ends? That’s where spousal maintenance laws come in. Whether you’re the one needing support or the one being asked to pay it, understanding your rights and responsibilities is crucial.
If you’re wondering whether you’ll need to financially support your former partner—or whether you’re entitled to some help getting back on your feet—this guide has you covered. And if things feel a little overwhelming, Testart Family Lawyers Melbourne are here to help smooth the bumps in the legal road.
Key Takeaways
- Spousal maintenance is financial support paid by one former partner to the other after separation.
- It applies to both married and de facto relationships in Australia.
- Courts assess need and capacity to pay—not who ended the relationship.
- Time limits apply for applying post-separation.
- Payments can be ongoing, one-off, or cover specific expenses.
What Is Spousal Maintenance?
Spousal maintenance is a legal obligation under the Family Law Act 1975 for one partner to financially support the other after a separation or divorce—if that partner cannot adequately support themselves.
It’s not the same as child support, which is for the children’s needs. Spousal maintenance is about adult financial dependency—for example, if one partner gave up their career to raise the kids and now finds themselves at a financial disadvantage.
Think of it as helping your ex get financially back on track—without signing up to fund their weekly spa treatments.
Who Is Eligible for Spousal Maintenance in Australia?
Not everyone qualifies for spousal maintenance. The courts use a two-step test:
- Does one party need financial support?
- Can the other party afford to pay it?
Factors that may support eligibility include:
- Age and health (e.g. limited ability to work)
- Responsibility for children
- Income and employment capacity
- Standard of living during the relationship
- Length of the relationship
It doesn’t matter who left whom or why the relationship ended—spousal maintenance is all about fairness and need, not fault.
What Types of Spousal Maintenance Are Available?
Depending on your circumstances, the court (or a mutual agreement) might determine different types of financial support.
Listicle: 3 Main Types of Spousal Maintenance
- Periodic Payments
- Regular weekly or monthly payments (e.g. $400 a fortnight to cover living costs).
- Lump-Sum Payments
- A one-off payment—often used when parties want a clean financial break.
- Payments for Specific Expenses
- Support for things like rent, medical bills, or education fees.
The aim is not to create long-term dependency, but to give a reasonable buffer until the receiving party can become financially independent—unless their situation prevents it.
How Do You Apply for Spousal Maintenance?
If you believe you’re entitled to spousal maintenance, here’s how to start the process:
- Apply through the Family Court or Federal Circuit Court.
- Complete and submit an application form and financial statement.
- Include an affidavit explaining why you need support and what you can contribute.
- Attach supporting evidence like payslips, tax returns, and medical reports if relevant.
Don’t delay!
- Married couples must apply within 12 months of divorce.
- De facto couples must apply within 2 years of separation.
Negotiation or mediation can be attempted before heading to court—and is often faster, cheaper, and easier on the nerves.
Common Myths About Spousal Maintenance
Let’s clear up a few misconceptions:
“Only women get spousal maintenance.” False. Maintenance can be claimed by anyone, regardless of gender.
“It’s automatically included in a divorce settlement.” Nope. You must apply and meet eligibility criteria.
“It lasts forever.” Not usually. Most payments are temporary, designed to help the recipient become self-sufficient.
“You have to be unemployed to get it.” Not true. You can earn some income and still be eligible if your needs outweigh your resources.
When Should You Speak to a Lawyer?
If you’re unsure whether you qualify for spousal maintenance—or if you’re being asked to pay—it’s wise to get legal advice. A lawyer can:
- Help negotiate fair terms
- Represent you in court if needed
- Ensure your agreement is legally enforceable
Because let’s face it—trying to Google your way through family law is about as effective as using duct tape to fix a broken marriage certificate.
Balance and Support Beyond the Breakup
Spousal maintenance laws in Australia are designed to ensure no one is left financially stranded after a relationship ends. Whether you’re concerned about paying support or needing assistance to get back on your feet, the key is understanding your legal position—and acting within the required timeframes.
For compassionate, clear guidance tailored to your situation, get in touch with Testart Family Lawyers Melbourne. They’ll help you navigate the complexities with professionalism, empathy, and just the right touch of humour when you need it most.
Also Read: The Most Important Work From Home Employment Laws You Should Be Aware Of
