Understanding Spouse Maintenance

When a relationship breaks down, financial concerns can feel overwhelming. If you're worried about how you'll manage financially after separation, spouse maintenance may provide the support you need during this difficult transition.

What is Spouse Maintenance?

Spouse maintenance is financial support paid by one spouse to the other after separation or divorce. Unlike child support, which is for your children's benefit, spouse maintenance is designed to help you meet your reasonable living expenses when you're unable to adequately support yourself.

Under Australian family law, you may be entitled to spouse maintenance if you can demonstrate that you cannot meet your reasonable expenses from your income, property, or financial resources, and your former partner has the capacity to to meet those obligations.

When Does Spouse Maintenance Apply?

Common situations where spouse maintenance may be appropriate include when you:

  • Left the workforce to care for children or manage the household

  • Have limited earning capacity due to age, health, or disability

  • Need time to retrain or re-enter the workforce

  • Face financial hardship while property settlement is being finalised

The court considers numerous factors, including your income, assets, health, age, caring responsibilities, and the standard of living during your relationship

How We Can Help

Navigating spouse maintenance claims requires detailed financial disclosure, careful assessment of entitlements, and often, skilled negotiation. As experienced family lawyers, we help you:

  • Assess your eligibility - We'll review your financial circumstances and advise whether you have grounds for a maintenance claim or need to respond to one

  • Gather evidence - We'll ensure all necessary financial documentation is properly collated and provided

  • Negotiate outcomes - Many maintenance matters are resolved through negotiation, avoiding court entirely

  • Represent you in court - If necessary, we'll advocate for your interests before the Federal Circuit and Family Court of Australia.

Take the Best Step

You don't have to face financial uncertainty alone. Whether you're seeking maintenance or responding to a claim, getting expert legal advice early can make a significant difference to your outcome.

Contact us today for a confidential consultation. Let's discuss your situation and explore the options available to you.

Arrange for a no obligation initial consultation