Spousal Support Mediation — fair support, agreed not imposed.

What is spousal maintenance?

Spousal maintenance is financial support paid by one former partner to the other after separation. It's separate from child support, separate from the property settlement, and governed by the Family Law Act 1975. The principle behind it is straightforward: where one partner genuinely can't meet their own reasonable needs, and the other has the capacity to help, support should be paid.

It's not automatic, not punitive, and not common in every separation — but where it applies, it can be the difference between a fair transition and one that leaves one partner stranded.

Who's eligible

Eligibility turns on two questions, working together:

• Need — can the applicant reasonably meet their own living expenses from their own income and resources?
• Capacity — can the other party afford to pay, after meeting their own reasonable needs?

Both must be satisfied. Courts also consider age, health, income, earning capacity, the care of children, and the standard of living during the relationship. See the full spousal maintenance guide →

How much, and how long

Unlike child support, there's no formula. The amount reflects the gap between the recipient's reasonable needs and their own capacity to meet them, limited by the payer's ability to pay. It can be a lump sum, regular periodic payments, or a combination.

Duration varies too. Often spousal maintenance is time-limited — supporting the recipient while they retrain, re-enter the workforce, or move toward self-sufficiency. It can be reviewed if circumstances change significantly, and it generally ends if the recipient remarries. Permanent maintenance is uncommon and usually reserved for cases of age or incapacity.

The mediation process

1. Initial consultation — we understand both situations.
2. Full financial disclosure — income, expenses, assets, capacity.
3. Pre-mediation intake — separate sessions with each party.
4. The mediation session — working through need, capacity, and the right form of support.
5. Documented agreement — amount, duration, form, and review provisions.
6. Formalisation — consent orders or binding financial agreement.

Lump sum, periodic, or in-kind

Mediation lets you craft the right form of support, not just the amount:

• Lump sum — a one-off payment, often from the property pool. Provides finality.
• Periodic — regular weekly, fortnightly or monthly payments. Often time-limited.
• In-kind — covering specific expenses like rent, school fees, or a mortgage. Less common but sometimes practical.
• Mixed — a combination, e.g. a lump sum plus periodic payments for a period.

Spousal maintenance vs child support

People conflate these but they're entirely separate:

• Child support is for the children's costs, calculated by a formula administered by Services Australia.
• Spousal maintenance is for an adult partner's own support, assessed on need and capacity.

You can be entitled to one, both, or neither. See child support mediation →

Making the agreement binding

The agreement is formalised through either consent orders (court-approved) or a binding financial agreement (private contract with independent legal advice for each party). Both make the support legally enforceable. See which option suits you →

Getting started

The first step is a free initial consultation. We'll listen, assess the eligibility question honestly, and outline what's involved. Spousal maintenance matters often resolve in a single mediation session once full disclosure is in.