Family Law
Spousal Maintenance
Ensuring Financial Security Post-Separation
When a relationship ends, spousal maintenance can provide essential financial support to a partner who is unable to meet their living expenses. At Honest Grace Legal, we guide you through the process of seeking or responding to a claim for spousal maintenance, ensuring fair and sustainable arrangements are made.
Understanding Spousal Maintenance (Updated as of 10 June 2025)
Spousal maintenance is financial support that one partner may be legally required to pay to the other after separation or divorce. It applies to both married couples and de facto couples, and is different from child support (which is for the children).
When Can Someone Get Spousal Maintenance?
Under the Family Law Act 1975, a person may be entitled to spousal maintenance if they can’t adequately support themselves and the other party has the financial means to help.
The Court looks at three main things:
The Applicant’s Needs:
- Does the applicant have adequate income or assets to support themselves?
- What are their living expenses?
- Do they have barriers to earning income?
The Other Party’s Ability to Pay:
- Does the other party have the financial ability to provide support?
- What are their income and financial commitments?
Other Relevant Factors:
- Length of the relationship.
- Age and health of both parties.
- Responsibilities for caring for children.
New from 10 June 2025: Family Violence Now Matters More
The Family Law Act has been updated to provide stronger protection for survivors of domestic and family violence. One important change is how spousal maintenance is assessed when a person has experienced abuse during the relationship.
These changes make it clear that the Court must consider the lasting effects of family violence, not just the financial situation on paper, but the reality behind it.
How Domestic Violence Affects Spousal Maintenance:
Limited Independence:
Safety and Future Needs:
The Court will consider current and future safety needs, such as ongoing counselling, medical treatment, or secure accommodation, if past abuse is still undermining self‑support.
In Simple Terms
If you’ve separated from your partner and you’re struggling to support yourself, you may be able to get financial help from them - even more so if you’ve experienced domestic violence.
The Court will weigh up your needs and their ability to help, while also considering how family violence has affected your financial situation.
Why Choose Honest Grace Legal?
Navigating spousal maintenance claims can be challenging. At Honest Grace Legal, we offer:
Tailored Guidance
Clear advice on eligibility and obligations under the law.
Strong Advocacy
We strengthen your position with real advocacy, ensuring fair outcomes.
Focus on Practicality
Whether you’re applying for maintenance or responding to a claim, we craft solutions that work for your unique circumstances.
Common Questions About Spousal Maintenance
How is spousal maintenance different from child support?
Can spousal maintenance be temporary?
Yes, it can be short-term to support one partner while they rebuild financial independence or long-term in certain circumstances.
What if I can’t afford to pay?
The court considers your capacity to pay when making any orders.
Take the First Step
Spousal maintenance can ease financial burdens during a difficult time. Let Honest Grace Legal guide you with compassionate, expert advice.
Contact us today to discuss your spousal maintenance needs.
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