Spousal maintenance in Australian family law does not have a fixed amount; instead, it depends on your financial needs and your former partner’s capacity to pay.
The court assesses factors such as your income, expenses, age, health, and ability to work. While there is no official spousal maintenance calculator, you can get an estimate by reviewing your financial position and comparing it with your ex-partner’s ability to contribute.
What Is Spousal Maintenance?
Spousal maintenance is financial support paid by one partner to the other after separation or divorce when the receiving partner cannot meet their reasonable expenses.
This payment can be periodic or lump sum and is separate from child support obligations.
Key Takeaway: Spousal maintenance helps ensure you can support yourself financially after separation, particularly if you have a lower earning capacity than your ex-partner.
Who Can Apply for Spousal Maintenance?
You can apply for spousal maintenance if you cannot adequately support yourself due to reasons such as:
- Having primary care of young children
- Health conditions or disabilities affecting your ability to work
- A lower earning capacity due to career sacrifices during the relationship
- Your age makes it difficult to secure employment
To be eligible, your former partner must also have the financial means to provide support.
Key Takeaway: If you’re struggling financially after separation and your ex-partner can assist, you may be eligible for spousal maintenance.
How Is Spousal Maintenance Calculated?
There is no fixed formula for calculating spousal maintenance in Australia. Instead, the court assesses:
- Your reasonable living expenses
- Your income and earning potential
- Your former partner’s financial capacity
- The duration of your relationship
- Contributions made during the relationship (financial and non-financial)
A general approach is to calculate your shortfall—the gap between your income and your reasonable expenses—and compare it with your ex-partner’s ability to pay.
Key Takeaway: Spousal maintenance is determined on a case-by-case basis, focusing on your financial needs and your ex-partner’s ability to contribute.
How Long Does Spousal Maintenance Last?
The duration of spousal maintenance varies based on individual circumstances. The court may order it for:
- A set period, such as until you can secure employment
- Until a significant event occurs (e.g., your child reaches school age)
- Indefinitely, in rare cases where long-term support is necessary
In most cases, spousal maintenance is intended to be temporary, giving you time to regain financial independence.
Key Takeaway: Spousal maintenance is not usually permanent and is often designed to provide financial support while you work towards self-sufficiency.
Can Spousal Maintenance Be Changed or Stopped?
Yes, spousal maintenance orders can be changed or ended if circumstances change, such as:
- You secure a well-paying job
- Your ex-partner experiences financial hardship
- You enter into a new de facto relationship or remarry
You or your former partner can apply to the court to modify or stop payments if there is a significant change in financial circumstances.
Key Takeaway: Spousal maintenance is not fixed and can be adjusted if either you or your ex-partner’s financial situation changes.
Need a Lawyer?
How Do You Apply for Spousal Maintenance?
To apply for spousal maintenance, you must file an application with the Federal Circuit and Family Court of Australia. The process involves:
- Completing financial statements outlining your income, expenses, and assets
- Providing evidence of your financial need and your ex-partner’s ability to pay
- Attending court hearings if an agreement cannot be reached outside of court
If you and your ex-partner can negotiate an arrangement, you can formalise it through a Binding Financial Agreement.
Key Takeaway: You can apply for spousal maintenance through the court, but reaching a private agreement may be quicker and less stressful.
What If Your Ex-Partner Refuses to Pay?
If your former partner refuses to pay court-ordered spousal maintenance, you can enforce the order through legal action. The court may:
- Garnish wages or bank accounts
- Seize assets
- Issue fines or penalties
If they claim financial hardship, they must provide evidence, and the court may reassess the order.
Spousal maintenance is designed to help you maintain financial stability after a separation if you cannot fully support yourself.
The amount and duration depend on your specific situation, and court intervention is only necessary if you and your ex-partner cannot agree.
If you think you may be eligible, seeking legal advice or using a financial planner can help you understand your rights and obligations.