What Is Spousal Maintenance in Australia?

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Spousal maintenance. If you have separated or divorced from a spouse or partner who was financially supporting you during your relationship then you may be entitled to apply to have that financial support continue after separation by way of spousal maintenance. Spousal maintenance refers to payments made by one spousal partner to their former spousal partner where that person is unable to adequately provide for themselves. The payments can be made periodically or as a lump sum payment depending upon which method suits the parties involved. If you are able to come to a private arrangement with your former spousal partner regarding maintenance payments then you are able to include terms to that effect in financial consent orders along with your other property settlement arrangements. The orders are then approved by the family court and become binding. If you are not able to come to an agreement regarding the payment of spousal maintenance then you may be able to apply to the family court for orders granting you payment. You may be entitled to spousal maintenance payments if you were married and have now separated or divorced or you're in a de facto relationship which ended on or after the 1st of March 2009. Historically the law relating to property and financial settlements for de facto couples has fallen within the ambit of the states and territories most of which did not allow for maintenance claims. However most jurisdictions have now relinquished their powers and passed laws so that property settlements for de facto partners fall under the same Commonwealth laws and grant the same rights and obligations as for married partners. Laws granting de facto couples the right to apply for spousal maintenance came into effect in most Australian states on the 1st of March 2009. In South Australia the laws commenced on the 1st of July 2010. Now the family court may grant an order for spousal maintenance for you if you can show either the relationship lasted for at least two years or you have a child together or a significant financial contribution was made to the other partners property during the relationship and should be accounted for or your relationship was registered if required. Registration is permitted in Queensland, New South Wales, Victoria, ACT and Tasmania. You must also be able to establish that your relationship was in fact a de facto partnership by demonstrating that you live together with your former partner on a genuine domestic basis. The court will consider a wide range of factors such as whether you are financially interdependent, your living arrangements, arrangements for the care of children and the duration of the relationship. The laws relating to de facto relationships and spousal maintenance apply to both same-sex and opposite sex couples equally. They also apply to multi relationships which recognize that a person may be in more than one de facto relationship or a marriage and de facto relationship.

Further information about de facto property laws which include provision for spousal maintenance can be obtained from the family relationships Australia site. When deciding the amount to be paid to a dependent marriage or de facto partner the court will consider how much financial support you need and weigh that against your former spouse's ability to make payments. The court will also have regard to your age, health, income and working ability, whether the relationship affected your ability to earn an income, whether the children of the relationship reside with you and any child support arrangements. If you are seeking to apply to the family court for a spousal maintenance order then you must do so within prescribed time limits. If you are married you must apply within one year from the date of finalization of your divorce. If you are in a de facto relationship you must apply within two years from the date the relationship ended. You can apply out of time only in special circumstances and should seek legal advice if you intend to do so. Spousal maintenance payments will end if you remarry or you no longer require financial assistance either because you have commenced a new de facto relationship which provides sufficient financial resources or your employment prospects improve or your child care responsibilities have changed. An application will need to be made to the family court to have maintenance payments varied or ended. What to do next? If you or someone you know has questions about spousal maintenance and would like further information about how the law applies to you Go To Court Lawyers operate a legal hotline on the retired Go To Court contact number (omitted) where you can talk directly to a lawyer 7 a.m. till midnight seven days a week. Your call will be treated with the strictest confidentiality and without judgment. The lawyer will assess your matter and recommend a course of action. Should you need a lawyer even if it is at very short notice the legal hotline staff will be able to arrange legal representation for you. You can also request a callback via the website gotocourt.com.au and a lawyer will call you back to assess your matter.