Spousal Maintenance in Australia: Who Can Claim and How Much?
Last updated: June 2026
What Is Spousal Maintenance?
Spousal maintenance (for married couples) or de facto partner maintenance (for de facto relationships) is financial support paid by one party to the other after separation, where the receiving party cannot adequately support themselves.
It is governed by the Family Law Act 1975 and is separate from property settlement and child support.
Who Is Eligible?
A party may be entitled to maintenance if they cannot meet their own reasonable expenses because of:
- Having the care and control of a child of the marriage under 18
- Their age or physical or mental incapacity for gainful employment
- Any other adequate reason (assessed by the court)
The court also considers whether the other party has the financial capacity to pay.
How Is the Amount Set?
Courts consider:
- The applicant's income, earning capacity, property, and financial resources
- The respondent's income, earning capacity, and financial resources
- Both parties' reasonable expenses
- The standard of living enjoyed during the relationship
- Contributions each party made to the relationship
- Whether the applicant's earning capacity has been affected by the relationship (e.g. career interruption to care for children)
Types of Maintenance Orders
- Interim maintenance: temporary support while proceedings are ongoing
- Periodic maintenance: ongoing regular payments (weekly or monthly)
- Lump sum maintenance: a single payment instead of ongoing payments
How Long Does It Last?
Maintenance orders generally continue until a specific event, such as the recipient remarrying, entering a new de facto relationship, or until a child reaches a certain age. Courts can also set an end date.
Time Limits
Married couples must apply within 12 months of their divorce becoming final. De facto couples must apply within 2 years of the end of the relationship. Courts can grant leave to apply out of time in exceptional circumstances.