What is spousal maintenance — and who qualifies?
Spousal maintenance is financial support paid by one former partner to the other after separation, where that person cannot adequately meet their own reasonable needs. It is not automatic — entitlement depends on genuine need on one side and genuine capacity to pay on the other. Under the Family Law Act 1975, a court (or your mediator) weighs a specific list of factors:
- Age, health and earning capacity of each party
- Whether one party cares for children, and how that affects their ability to work
- Commitments of each party to support themselves and any dependants
- The standard of living that was reasonable during the relationship
- The duration of the marriage or de facto relationship and its financial impact
- Whether either party's earning capacity was impaired by the relationship (for example, a parent who stepped back from their career)
Spousal maintenance vs child support — the key difference
They are entirely separate. Child support is assessed by Services Australia using a formula based on incomes and the care arrangement — it covers the costs of raising children. Spousal maintenance supports the former partner directly. You may be entitled to, or obligated to pay, both at the same time. See child support mediation →
What forms can spousal maintenance take?
| Type | How it works | Best suited to |
|---|---|---|
| Lump sum | A one-off payment that finalises all maintenance obligations | Where the payer has capital but limited ongoing income, or where a clean break is preferred |
| Periodic payments | Regular payments (weekly, fortnightly or monthly) for a fixed period | Where the receiving party needs time to retrain, return to work, or rebuild earning capacity |
| Periodic (indefinite) | Regular payments continuing until further order or specific event | Age, illness or disability that genuinely limits earning capacity long-term |
| Urgent maintenance | Immediate short-term support while longer-term arrangements are sorted | Where one party has immediate need before a settlement is finalised |
Mediation lets you design the arrangement that genuinely fits both parties' realities — a court is more constrained in what it can order and less able to tailor payments to individual circumstances.
Time limits — urgent maintenance and final applications
Spousal maintenance has time limits you cannot ignore:
- Married parties — you must apply for spousal maintenance within 12 months of the divorce order becoming final. After that, you generally need the court's permission.
- De facto partners — you must apply within 24 months of separation.
- Urgent maintenance — can be sought at any time while you're still within the time limit, including before a final settlement is reached.
Mediation is the fastest way to reach an agreed, binding arrangement well inside these windows. See de facto mediation →
Often resolved alongside property settlement
Spousal maintenance and property settlement are separate legal questions, but most couples address them together in a single mediation — which avoids separate proceedings and produces a more coherent overall outcome.
Can a spousal maintenance agreement be made binding?
Yes. Once you reach agreement through mediation, the arrangement can be formalised as consent orders approved by the court, or as a binding financial agreement. Either makes it enforceable — important because it protects both the receiving party (who needs certainty of payment) and the paying party (who needs certainty of their obligation). We handle the formalisation step. See property settlement mediation →
What happens if circumstances change — can maintenance be varied?
Periodic maintenance orders can be varied or discharged by the court if circumstances change significantly — for example if the receiving party remarries or begins earning a sufficient income, or if the paying party's circumstances change dramatically. Lump-sum arrangements, once paid, generally cannot be clawed back. Mediation can also be used to renegotiate maintenance arrangements, often avoiding a return to court.