Spousal maintenance is financial support one partner may pay the other after separation, where one can’t adequately support themselves and the other can afford to help.
Spousal (or de facto partner) maintenance is financial support one partner may pay the other after separation — separate from property settlement and child support. It’s not automatic.
Where one person can’t adequately support themselves — for example due to age, health, caring for children, or a lack of income — and the other has the capacity to help.
The court looks at each person’s needs and capacity to pay. It can be for a set period or a lump sum, and can be included in a broader settlement.
Applications generally must be made within set time limits after divorce or the end of a de facto relationship, so get advice early.
We advise whether maintenance applies to you — as payer or recipient — and negotiate or apply for it. Book a consult to find out.
No — it’s separate. Spousal maintenance supports a former partner; child support is for children.
No — it depends on one person’s need and the other’s capacity to pay, and there are time limits to apply.
General information only — for advice about your situation, see more guides or book a consult with ORLA Legal.
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