Our Services

Spousal Maintenance

Book an appointment

Initial fixed fee appointments available now. Talk to Farrawell Family Law Today

Spousal Maintenance

Does my ex-partner have to support me after separation?

The Family Law Act has provisions for obligations for a party to continue to support a former partner financially after separation. Frequently referred to as alimony, however in Australia this obligation is called Spousal Maintenance which can apply to both married and de facto relationships.

Performing financial calculations, calculator on desk, holding pencil and receipts

Got a question about spousal maintenance?

Talk to Farrawell Family Law today.
Financial report, red pencil, keyboard lying across the top left corner

How it works

This entitlement is not automatic and is determined depending on the relevant circumstances which include:

  1. A party not having the capacity to adequately meet their reasonable living expenses due to having care of the children; or being unable to gain employment due to a lack of skills or qualifications, age and or physical or mental capacity; and
  2. The other party having the capacity to provide financial assistance.

The payment can be made on a regular basis for a certain period of time or as a lump sum payment.

A Spousal Maintenance payment is a payment that is received which is a separate to any property settlement.

It is important to adhere to the time limits for seeking Spousal Maintenance being 1 year from date of divorce for a marriage and 2 years from date of separation for a de facto relationship, in order to preserve your rights.

X Quick Exit
FLPA Proud Member - Family Law Practitioners Association

Proud Member of Family Law Practitioners Association