Spousal maintenance in Australia:
a practical guide.

Spousal maintenance is financial support paid by one former partner to the other after a marriage or de facto relationship ends. It is not automatic. It is available only where one party cannot reasonably meet their own reasonable needs from their own income, property or superannuation, and the other party has the capacity to pay after meeting their own reasonable needs.

For married couples, spousal maintenance is dealt with under Part VIII of the Family Law Act 1975 (Cth), including sections 72, 74, 75, 77 and 82. For de facto couples, the equivalent provisions sit in Part VIIIAB, including sections 90SE, 90SF, 90SG and 90SJ. Same-sex de facto relationships are covered on the same basis as opposite-sex de facto relationships.

People often search for the American word alimony. The Australian legal term is spousal maintenance. The concept is similar but the framework, factors and time limits are distinctly Australian.

De facto maintenance is the same idea, applied to eligible de facto relationships. The applicant must first show a qualifying de facto relationship under section 4AA of the Act — usually by reference to length of relationship, cohabitation, financial interdependence, care of children or registration. Once eligibility is established, the substantive test (need and capacity) is materially the same as for married couples, applied through sections 90SE and 90SF.

A former spouse or eligible de facto partner may seek maintenance if they are unable to adequately support themselves, whether because of:

• the care of a child of the relationship under 18;
• age, or a physical or mental incapacity for appropriate gainful employment;
• any other adequate reason, having regard to the section 75(2) / 90SF(3) factors.

Being on a lower income than the other party is not, by itself, enough. The test looks at reasonable need against reasonable capacity.

Spousal maintenance is decided in two steps. First, does the applicant have a reasonable need for support they cannot meet from their own resources? Second, does the respondent have the capacity to pay after meeting their own reasonable needs? Both limbs must be satisfied. A generous income on the paying side does not create an obligation where the applicant can meet their own needs; a genuine need does not create an obligation where the other party has no realistic capacity.

Under section 75(2) (marriages) and section 90SF(3) (de facto), a wide range of factors is weighed, including:

• age and state of health of each party;
• income, property and financial resources of each party;
• capacity for appropriate gainful employment;
• commitments necessary to support themselves and any dependants;
• responsibilities for the care of a child of the relationship;
• a suitable standard of living in the circumstances;
• the duration of the relationship and its effect on earning capacity;
• any child-support already being paid or liable to be paid;
• any fact or circumstance that justice requires be considered.

Recent amendments effective 10 June 2025 sharpened the Court's ability to take family violence and economic or financial abuse into account across property and maintenance matters. Where those factors are relevant to earning capacity or reasonable needs, they should be raised early.

Where a party is in immediate financial hardship, an application for urgent spousal maintenance can be made under section 77 (or section 90SG for de facto) without the Court having to determine the full merits. Urgent maintenance is designed to bridge the period until a proper interim or final hearing can be listed. Interim maintenance is then usually decided on a summary basis pending final orders.

Time limits are strict and different in each case:

• Married couples: proceedings for spousal maintenance must generally be commenced within 12 months after the divorce order takes effect. See property settlement time limits for the same 12-month rule as it applies to property matters.
• De facto couples: proceedings must generally be commenced within 2 years after the end of the de facto relationship.
• Applications made out of time require the Court's leave, which is not automatic. Hardship must generally be shown.

Ongoing negotiation does not stop time running. Where a deadline is close, advice should be obtained without delay.

Property settlement divides the existing pool of assets, liabilities and superannuation between the parties. Spousal maintenance is about ongoing financial support of a person, not division of property. The two can be pursued together and are often considered together, because a well-structured property settlement may reduce or remove any ongoing maintenance need — for example, through a larger share of the property pool in lieu of periodic payments. For a fuller treatment of property division, see assets, debts and the family home or property settlement without going to court.

Child support is a separate statutory scheme administered by Services Australia. It concerns financial contributions toward the cost of raising a child, not the support of a former partner. The two are calculated independently and paid independently. A parent may receive both, one, or neither, depending on circumstances. For more detail, see child support in Australia: how it works.

Because the test is need against capacity, evidence typically includes:

• a detailed weekly or monthly budget of reasonable expenses;
• recent payslips, tax returns and notices of assessment;
• bank and credit card statements;
• Centrelink statements, if applicable;
• medical evidence relevant to earning capacity;
• evidence of caring responsibilities for children;
• details of assets, liabilities and superannuation.

Full and frank financial disclosure is a duty on both parties, not a strategic choice.

• Spousal maintenance is not automatic on separation or divorce.
• It is not lifelong by default; most orders are for a defined period or until a specific event.
• A binding financial agreement can, in limited circumstances, exclude future maintenance — but only if the strict formal requirements are met.
• Re-partnering does not automatically end a maintenance obligation, but section 82 (and 90SJ for de facto) can operate to terminate maintenance on the recipient's remarriage in some cases.
• Spousal maintenance is not a punishment for the paying party. Conduct is generally not the relevant question; need and capacity are.

Because eligibility, quantum and time limits interact with property settlement, child support and superannuation, spousal maintenance rarely benefits from a self-serve approach. Independent legal advice is particularly important where there is family violence or economic abuse, a significant disparity in earning capacity, a period of caring for young children, or an approaching deadline. For a broader overview of the formal divorce process itself, see divorce in Australia: the formal process.