Spousal Maintenance
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At Bentleys Law, we understand that separation can place enormous financial strain on one or both parties. In some cases, the law requires one spouse or partner to provide financial support to the other. This support is called spousal maintenance.
What is spousal maintenance?
Spousal maintenance is financial support paid by one spouse or de facto partner to the other to assist with living expenses after separation. It can be paid in the form of regular ongoing payments or as a lump sum.
Spousal maintenance is separate from child support, which relates to the costs of caring for children. While child support focuses on the needs of children, spousal maintenance is intended to ensure that a former partner can reasonably meet their own living expenses.
Who can apply?
Spousal maintenance may be available if one party cannot adequately support themselves and the other party has the capacity to provide financial assistance. Reasons a person may be unable to fully support themselves include:
- Caring for young children
- Age or health issues that limit their earning capacity
- Limited work history or skills due to time spent raising a family
- A significant imbalance in income or financial resources
Melbourne's Trusted Family Lawyers
We know family law matters touch the most personal parts of your life. Our team at Bentleys Law is here to help with:
Whether things are relatively amicable or more complicated, we’re here to guide you through. Our Melbourne team explains everything in plain language, answers your questions promptly, and helps you make decisions you can feel good about.
Every family is different. We take the time to understand yours.
How does the Court decide?
When considering a claim for spousal maintenance, the Court considers:
- The income, property, and financial resources of each party
- Each party’s ability to work, age and state of health
- What is considered a reasonable standard of living
- Whether one party has the care of children under 18
- Any other relevant circumstances
The Court will only order spousal maintenance if it is both necessary for one party and within the financial capacity of the other to pay.
How can spousal maintenance be arranged?
Spousal maintenance can be resolved in several ways:
- Informal agreements reached directly between the parties
- Binding Financial Agreements (BFAs) that set out the terms of maintenance
- Consent Orders approved by the Court, which make the agreement legally binding
- Court orders are made after a hearing if the matter is disputed
Time limits
It is important to be aware of strict time limits:
- Applications by a former spouse must be made within 12 months of divorce.
- Applications by a former de facto partner must be made within 2 years of separation.
How can we help
At Bentleys Law, our family lawyers provide advice on whether spousal maintenance may be payable in your circumstances, how much might be appropriate, and for how long. We can assist with negotiation, drafting agreements, preparing court applications, or defending against a claim.
Our approach is practical, discreet, and focused on achieving fair outcomes while reducing unnecessary conflict.
If you are uncertain about your entitlements or obligations regarding spousal maintenance, we encourage you to seek advice early. We are here to protect your interests and help you move forward with confidence.
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Facing a legal issue or need advice? Contact our experienced team today to schedule your consultation and get the support you need.