What is Spousal Maintenance?

Spousal maintenance arises under the Family Law Act 1975 and applies where:

• One party cannot adequately support themselves, and
• The other party has the financial capacity to assist

It is separate from property settlement and child support.

How is Spousal Maintenance Calculated?

There is no fixed formula in Australia.

Instead, the Court applies a two-step assessment:

Step 1: Does one party have a need?

The Court considers whether a person can meet their own reasonable living expenses.

This includes looking at:

• Income (employment, Centrelink, investments)
• Reasonable weekly expenses
• Ability to work
• Care of children (especially young children)
• Age and health

If there is a shortfall between income and expenses, there may be a need for maintenance.

Step 2: Does the other party have capacity to pay?

The Court then looks at whether the other party can contribute after meeting their own expenses.

This involves assessing:

• Income and earning capacity
• Financial commitments
• Assets and resources
• Lifestyle and discretionary spending

If there is surplus income, maintenance may be payable.

Simple Example

• Party A needs $1,200 per week to meet expenses
• Party A earns $700 per week
  ? Shortfall = $500 per week
• Party B earns $2,000 per week
• Party B’s reasonable expenses = $1,400
  ? Surplus = $600 per week

In this scenario, maintenance may be ordered up to $500 per week (the lesser of need vs capacity).

What Expenses Are Considered?

The Court considers reasonable living expenses, including:

• Rent or mortgage
• Utilities
• Groceries
• Transport
• Medical expenses
• Child-related costs (in some cases)

Extravagant or inflated expenses are usually not accepted.

Factors the Court Must Consider

Under the Family Law Act, the Court also considers:

• Length of the relationship
• Standard of living during the relationship
• Contributions made by each party
• Age and health
• Whether the relationship has affected earning capacity
• Care of children

These factors influence both entitlement and duration.

How Long Does Spousal Maintenance Last?

Spousal maintenance is usually temporary, not permanent.

It may last:

• A few months (to allow transition after separation)
• Until a person returns to work
• Until children are older
• Until property settlement is finalised

In some cases, it may be longer if there is illness or limited earning capacity.

Is Spousal Maintenance Paid Weekly or Lump Sum?

It can be structured in different ways:

• Weekly or monthly payments
• Lump sum payment
• Payment of specific expenses (e.g. rent, mortgage, school fees)

Do I Need a Lawyer to Calculate Spousal Maintenance?

Spousal maintenance is highly fact-specific.

Without proper advice, you risk:

• Agreeing to pay too much
• Receiving less than you are entitled to
• Missing important factors that affect your claim

A family lawyer can assess your financial position and provide a realistic range.

Can Spousal Maintenance Be Agreed Without Court?

Yes. Parties can:

• Reach an informal agreement
• Enter into a Binding Financial Agreement
• Formalise terms through Consent Orders

Getting legal advice before agreeing is strongly recommended.

What Happens if We Can’t Agree?

If agreement cannot be reached, you can apply to the Court for:

• Urgent spousal maintenance (interim)
• Final spousal maintenance orders

The Court will assess both parties’ financial circumstances and make orders accordingly.

We are Family Court lawyers who are experienced in providing divorce and separation legal advice in parenting and financial disputes. We have many years experience in dealing with financial settlement like those including spousal maintenance agreements or applications.

Contact us for more information or to book a reduced fee initial consultation.