Who is entitled to spousal maintenance?
Spousal maintenance isn't automatic. It depends on two things: one partner's genuine need for support, and the other partner's capacity to pay. A court (or your mediation) weighs factors such as:
- Age, health and ability to earn an income
- Care of children and its effect on earning capacity
- The standard of living that's reasonable in the circumstances
- The length of the relationship and its financial impact
How is spousal maintenance different from child support?
Child support is for the costs of raising children and is usually assessed by Services Australia. Spousal maintenance supports a former partner directly. They're separate — and you may deal with both. See child support mediation →
Maintenance can be a lump sum or periodic
Mediation lets you design arrangements that genuinely fit — a one-off lump sum, periodic payments for a fixed time, or support while a partner retrains. A court order is often more rigid.
Why mediate spousal maintenance?
Because these arrangements work best when both people understand and accept them. Mediation produces sustainable agreements rather than imposed obligations that breed missed payments and return trips to court. Often it's resolved alongside your property settlement.