Spouse Maintenance

What is spouse maintenance?

Spouse maintenance, (known as alimony in the USA) is a payment made by one spouse to the other to provide for their financial support. This is separate from child support. Although called ‘spouse’ maintenance it is not limited to married people. De facto partners may also apply for maintenance orders under the Family Law Act 1975 (Cth).

Can I apply?

You can make an application for spousal support in circumstances when you are unable to support yourself adequately without the assistance of your former partner.

The partner seeking the Order has the onus of proving the following:

What does the Court consider when making a spouse maintenance order?

The Family Law Act 1975 (Cth) sets out various factors the Court considers in determining whether maintenance should be paid. Some factors which are usually relevant include:

What kinds of orders can the Court make for spouse maintenance?

Spouse maintenance orders can take various forms:

If you require assistance with applying for spouse maintenance or are experiencing a dispute relating to spouse maintenance, give us a call and talk to our Accredited Specialist Family Lawyer on 02 8197 0105.